WorldWideScience

Sample records for antitrust laws

  1. Competition And Antitrust Law In Ecuadorian Constitution

    Directory of Open Access Journals (Sweden)

    Marcelo Marín Sevilla

    2013-01-01

    Full Text Available This work allows us to establish the Economic Constitution and the Competition Law (C.L in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position, the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competition behaviors. Always the Antitrust Authority will analyze these behaviors in terms of welfare of both: the consumer and the market.

  2. Joint Research and Development under US Antitrust and EU Competition Law

    DEFF Research Database (Denmark)

    Lundqvist, Björn

    This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blomqvist details the modifications and amendments...... made over this time to the relevant legal acts and guidelines. In doing to, the author picks up on the slow shift that has taken place in both the antitrust laws of the USA and the Competition Rules of the EU. The book concludes by discussing the necessity for a stringent attitude towards the antitrust...... establishment, and how this can be developed by reviving the concept of the ‘innovation market’....

  3. Incorporating health care quality into health antitrust law

    Directory of Open Access Journals (Sweden)

    Schneider Helen

    2008-04-01

    Full Text Available Abstract Background Antitrust authorities treat price as a proxy for hospital quality since health care quality is difficult to observe. As the ability to measure quality improved, more research became necessary to investigate the relationship between hospital market power and patient outcomes. This paper examines the impact of hospital competition on the quality of care as measured by the risk-adjusted mortality rates with the hospital as the unit of analysis. The study separately examines the effect of competition on non-profit hospitals. Methods We use California Office of Statewide Health Planning and Development (OSHPD data from 1997 through 2002. Empirical model is a cross-sectional study of 373 hospitals. Regression analysis is used to estimate the relationship between Coronary Artery Bypass Graft (CABG risk-adjusted mortality rates and hospital competition. Results Regression results show lower risk-adjusted mortality rates in the presence of a more competitive environment. This result holds for all alternative hospital market definitions. Non-profit hospitals do not have better patient outcomes than investor-owned hospitals. However, they tend to provide better quality in less competitive environments. CABG volume did not have a significant effect on patient outcomes. Conclusion Quality should be incorporated into the antitrust analysis. When mergers lead to higher prices and lower quality, thus lower social welfare, the antitrust challenge of hospital mergers is warranted. The impact of lower hospital competition on quality of care delivered by non-profit hospitals is ambiguous.

  4. Out at Home: Why the Major League Baseball Advanced Media Agreement May Violate Antitrust Law

    OpenAIRE

    Schoenvogel, Sally E.

    2013-01-01

    Major League Baseball Advanced Media (MLBAM or BAM) has created one of the most successful technology platforms for broadcasting professional baseball games online. BAM is extremely profitable, but its exclusive online broadcast of professional baseball games through MLB.tv may violate antitrust law. Conventional wisdom may sugges...

  5. Do Easy Cases Make Bad Law? Antitrust Innovations or Missed Opportunities in United States v. Microsoft

    OpenAIRE

    Brennan, Timothy J.

    2002-01-01

    Much has been said and written regarding the legal and economic merits of U.S. v. Microsoft and the practicality of antitrust in high technology industries. The focus here is what this prominent case says about the role of economics in general, and in particular, "post-Chicago" approaches. Is antitrust economics and law on a progressive path, producing more refined analyses of industrial practices? Or is the path more like that of a pendulum, with doctrines coming back in style that had once ...

  6. ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

    Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

  7. Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

    International Nuclear Information System (INIS)

    The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH)

  8. Impact of the antitrust laws on the commercialization of solar heating and cooling

    Energy Technology Data Exchange (ETDEWEB)

    Gross, J.

    1979-06-01

    Many energy industry observers and solar equipment producers view the commercialization of solar technologies as an opportunity to undermine the dominance now enjoyed by energy companies and electric utilities. Whether their hopes will be realized depends on Congress' posture towards interenergy diversification (which is currently permissive), DOE's spending practices (which have, in the past, been relatively insensitive to competitive consequences), and ultimately, the Supreme Court's willingness to aggressively enforce the antitrust laws (which is not unlikely, given recent holdings). Notwithstanding the legislative and administrative branches' tacit compliance with entrenched firms' involvement in the various solar energy submarkets, injured business persons and consumers (as well as the Department of Justice and the Federal Trade Commission) have the opportunity to force the controversy onto the judiciary by bringing suit under the antitrust laws against companies allegedly displaying anti-competitive market practices. The interchangeability between end uses of renewable and nonrenewable energy resources creates opportunities and motives for market manipulation. Consequently, the potential of energy firms for facilitating solar technology development (due to technological knowledge, managerial expertise and capital resources) must be weighed against the possibility that their involvement will, in the long run, retard development. 356 references.

  9. Online Advertising Platforms and Personal Data Retail: Consequences for Antitrust Law

    OpenAIRE

    Marcela Mattiuzzo

    2015-01-01

    Treating online platforms as two-sided in all cases does not yield the best possible results for antitrust analysis and, as such, one should question whether continuing to apply it without qualification is the most suitable course forward. Marcela Mattiuzzo (CADE, Brazil)

  10. Private Antitrust Litigation: Procompetitive or Anticompetitive?

    OpenAIRE

    R. Preston McAfee; Hugo Mialon; Sue Mialon

    2005-01-01

    The antitrust laws are intended to permit procompetitive actions by firms and deter anticompetitive actions. We consider firms' incentives to use the antitrust lawsuits for strategic purposes, in particular to prevent procompetitive efficiency-improvement by rival firms. Our main result is that, ceteris paribus, smaller firms in more fragmented industries are more likely to use the antitrust laws strategically than larger firms in concentrated industries.

  11. Enforcement of mandatory third party access based on antitrust law; Zwangsdurchleitung mittels Kartellrecht

    Energy Technology Data Exchange (ETDEWEB)

    Markert, K. [Bundeskartellamt, Berlin (Germany). 8. Beschlussabteilung

    1998-04-01

    Access of third parties to power transmission systems which up to now is governed in Germany by ownership rights will not run smoothly in future, although the general policy decision ended the dispute about the if, however leaving open aspects of the how. The problems arising in designing the how are currently displayed to the public by the disputes about conditions and model solutions reported from the telecommunications area, where deregulation is ahead of the developments in the energy sector. Obviously, the contention point is not technical feasibility of third party access, but the economic aspects and the conditions offered to competing suppliers depending on access to a transmission network. Hence it can be expected that there will be conflicts of interest that will have to be decided. The legal basis for conflict management is outlined in the recent amendment to the EnWG (German energy industry act), and jurisdiction will primarily rely on paragraph 6 of the act, referring to antitrust review. The contribution here gives an outline of the legal framework conditions governing enforcement of third party access to transmission systems in the future deregulated energy market. (orig./CB) [Deutsch] Die Oeffnung bisher geschlossener Netze fuer Drittwettbewerber verlaeuft auch dann, wenn ueber das `Ob` kein Streit mehr besteht, nicht konfliktfrei. Dies wird zur Zeit dem deutschen Publikum im Bereich der Telekommunikation mit fast taeglich neuen Varianten vorgefuehrt. Es geht dabei offensichtlich nicht um die technische Machbarkeit der Drittnutzung, sondern um die wirtschaftlichen Konditionen fuer Konkurrenten, die fuer ihr Leistungsangebot auf den Zugang zum Netz angewiesen sind. Konflikte ueber die Bedingungen dieses Zugangs sind daher vorprogrammiert, und es stellt sich die Frage, nach welchen Regeln und durch welche Gremien oder Institutionen solche Konflikte entschieden werden sollen. Der Beitrag umreisst die rechtlichen Rahmenbedingungen, die im neuen En

  12. Antitrust issues for the nurse anesthetist: some essentials.

    Science.gov (United States)

    Recht, P R; Garg, R K

    1992-03-01

    This article is the first of a two-part article on antitrust issues as applicable to certified registered nurse anesthetists (CRNAs). The first part presents an overview of antitrust law and discusses issues related to establishing jurisdiction under federal law. The second part reviews specific antitrust concerns including staff privileges, peer review, price fixing, and insurance. The article concludes by making specific practical recommendations for dealing with antitrust situations. PMID:1540668

  13. Does Antitrust Need to be Modernized?

    OpenAIRE

    Dennis W. Carlton

    2007-01-01

    Economics has had an enormous positive effect on the evolution of antitrust policy over the last 30 years or so. However, the evolving forces of technology and globalization, together with experience gained over time, suggest that further modernization is in order. This paper addresses a number of controversial antitrust doctrines that need fixing, or at least some modernizing. Specifically, I analyze market definition; the interaction of intellectual property and antitrust law; certain types...

  14. Accountable Care Organizations and Antitrust Enforcement: Promoting Competition and Innovation.

    Science.gov (United States)

    Feinstein, Deborah L; Kuhlmann, Patrick; Mucchetti, Peter J

    2015-08-01

    The antitrust laws stand to protect consumers of health care services from conduct that would raise prices, lower quality, and decrease innovation by lessening competition. Importantly, though, vigorous antitrust enforcement does not impede accountable care organizations (ACOs) and similar collaborations that advance these same goals of better and more efficient care; in fact, by fostering competitive markets, the antitrust laws encourage such initiatives. This article summarizes the legal framework that the federal antitrust agencies - the Federal Trade Commission and the Antitrust Division of the US Department of Justice - use to analyze ACOs and other collaborations among health care providers. It outlines the guidance provided by the federal antitrust agencies concerning when ACOs and other provider collaborations likely would harm competition and consumers. In addition, it reviews common antitrust issues that can arise with ACOs and provides examples of enforcement actions that have prevented health care providers from taking or continuing anticompetitive actions. PMID:26124309

  15. Antitrust issues and the restructuring of the power industry

    International Nuclear Information System (INIS)

    Because of extensive federal oversight and state regulation of the utility area, few antitrust cases have been brought concerning the electric power industry. The limited prior case law that exists in this area nonetheless provides valuable guidance regarding how the antitrust laws will protect consumers and, therefore, competition in the electric power industry. This article will discuss the primary antitrust doctrines likely to be utilized to protect competition in this industry

  16. The Intersection of Advertising and Antitrust in New Zealand

    OpenAIRE

    Andrew Matthews; Gus Stewart

    2014-01-01

    The enforcement fusion of (some) advertising and antitrust law, coupled with other advertising law, provide a powerful toolkit for New Zealand’s regulator and competitors alike. Andrew Matthews & Gus Stewart (Matthews Law)

  17. The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

    International Nuclear Information System (INIS)

    The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB)

  18. Antitrust issues for the nurse anesthetist: areas of concern.

    Science.gov (United States)

    Recht, P R; Garg, R K

    1992-06-01

    This article is the second of a two-part article on antitrust issues as applicable to certified registered nurse anesthetist (CRNAs). The first part, presented in the March 1992 issue, provided an overview of antitrust law and discussed issues related to establishing jurisdiction under federal law. The second part, presented in this issue, focuses on specific antitrust areas of concern to the CRNA, including staff privileges, peer review, price fixing, and insurance. Specific practical recommendations for dealing with antitrust situations are offered. PMID:1606205

  19. Controlled Chaos with Consumer Welfare as the Winner – a Study of the Goals of Polish Antitrust Law

    OpenAIRE

    Miasik, Dawid

    2008-01-01

    This article presents the main issues relating to the goals of modern Polish competition law. It examines the relationship between the subject-matter of competition law, its function and its goals. It identifies various goals of competition law as well as their acceptance in the legal doctrine and jurisprudence. The study shows that the goals of Polish competition law have always been limited to enhancing efficiency and consumer welfare, with this latter term being understood i...

  20. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    OpenAIRE

    Seyed Mohammad Tabatabaei Nejad

    2015-01-01

    For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the t...

  1. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

    Full Text Available For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time, more gates have been opened for arbitration and it got not only a private means but a way in which both private and public interests are secured. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we scrutinize the challenges arbitration may encounter especially in respect of competition law in an international environment in respect of application of mandatory laws.

  2. Antitrust, regulatory capture and economic integration

    OpenAIRE

    Mario Mariniello; Damien Neven; Jorge Padilla

    2015-01-01

    Highlights - There is growing worldwide concern about bias in the enforcement of competition law in favour of domestic firms. Even seemingly neutral antitrust laws can lead discrimination if they are enforced selectively. - Authors investigate the distortions that national competition authorities generate when they pursue non-competition goals in favour of domestic firms, and discuss ways to address this negative policy development in a globalised world. - The distortions identified in the pa...

  3. A First Principles Approach to Antitrust Enforcement in the Agricultural Industry

    OpenAIRE

    Geoffrey Manne; Joshua Wright

    2010-01-01

    A first principles approach to antitrust analysis is required to guarantee the benefits of competition in the agricultural sector; we discuss three fundamental principles of modern antitrust that, at times, appear to be given short-shrift in the recent debate. Geoffrey Manne, International Center for Law and Economics & Joshua Wright, George Mason University

  4. Recent Trends in Antitrust Enforcement

    Directory of Open Access Journals (Sweden)

    Mario Siragusa

    2015-10-01

    Full Text Available This article intends to discuss a selection of the most relevant features of the most recent trends in antitrust enforcement. Firstly, anticompetitive signalling will be addressed: its assessment depends on the kind of information provided. Where such information is of public knowledge or is very well known by the market participants, signalling should not be deemed as anticompetitive. Secondly, the Power Cable case has raised for the first time various problematic issues, such as the possibility to impose parental liability on a purely financial investor, even where the presumed direct infringer would have been able to pay the fine. This appears to be irreconcilable with the objectives for which the case law on parental liability has been elaborated. Thirdly, as to the concept of restriction of competition by object, it is argued that the Intel case does not disavow the principles established in Cartes Bancaires. Indeed, the finding of a violation and the different methodology applied in the first case are only due to its specific factual circumstances. Finally, the nouvelle vague of the case law on the anticompetitive abuse of rights has led to two opposite approaches, one at the EU and the other at the Italian level. The first one, based on the finding of objective circumstances, is perfectly consistent with existing EU case law, while the second, exclusively focused on the exclusionary intent, seems to be in sharp contrast with it. The hope is that the Court of Justice will intervene to resolve this contradiction.

  5. Presidential Address: Antitrust restrictions on single-firm strategies

    OpenAIRE

    Ralph A. Winter

    2009-01-01

    This article offers an overview of selected developments in the law and economics of antitrust regulation of single-firm strategies. The strategy generating the most cases historically is resale price maintenance. Here, the law has moved sharply in both Canada and the U.S. towards more solid economic foundations. Yet a gap between the law and economics remains. The economics of resale price maintenance is reviewed within a framework that is much simpler and more general than the existing lite...

  6. Defensive Disclosure under Antitrust Enforcement

    OpenAIRE

    Bhaskarabhatla, Ajay; Pennings, Enrico

    2012-01-01

    textabstractWe formulate a simple model of optimal defensive disclosure by a monopolist facing uncertain antitrust enforcement and test its implications using unique data on defensive disclosures and patents by IBM during 1955-1989. Our results indicate that stronger antitrust enforcement leads to more defensive disclosure, that quality inventions are disclosed defensively, and that defensive disclosure served as an alternative but less successful mechanism to patenting at IBM in appropriatin...

  7. Defensive Disclosure under Antitrust Enforcement

    OpenAIRE

    Bhaskarabhatla, Ajay; Pennings, Enrico

    2012-01-01

    We formulate a simple model of optimal defensive disclosure by a dominant firm facing uncertain antitrust enforcement and test its implications using unique data on defensive disclosures and patents by IBM. Our results indicate that stronger antitrust enforcement leads to more defensive disclosure, that quality inventions are also disclosed defensively, and that defensive disclosure served as an alternative, but less successful, mechanism to patenting at IBM in appropriating returns from R&D....

  8. Mercantilism, Corporations, and Liberty: The Fallacies of ‘Lochnerian’ Antitrust

    OpenAIRE

    James Rolph Edwards

    2009-01-01

    Progressive legal theorist Daniel Crane has argued that libertarians who believe that monopoly results from government intervention should accept antitrust law because the monopoly problem is a result of state government passage of General Incorporation Acts after the Civil War. The resulting corporate consolidation and control of industry necessitated federal antitrust law as a corrective. Crane has all of this wrong. State permission for incorporation was an ancient tool of mercantile grant...

  9. Increasing the requirements to show antitrust harm in modernised effects-based analysis: an assessment of the impact on the efficiency of enforcement of Art 81 EC

    OpenAIRE

    Boot, A.W.A.; McCahery, J.A.; Lankhorst, M.

    2010-01-01

    Some practices that come within the scope of the antitrust laws, such as price fixing by competitors, are by their very nature harmful to the interests of consumers. Generally firms that engage in them will try to conceal these practices and the work of the antitrust authorities will consist of discovering them. In legal proceedings concerning such cases, the harmfulness of the practice itself is seldom an issue of debate. The scope of the antitrust laws also extends over practices whose impl...

  10. 15 CFR 1160.4 - Antitrust considerations.

    Science.gov (United States)

    2010-01-01

    ...) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PRODUCTIVITY, TECHNOLOGY AND INNOVATION Promotion of Private Sector Industrial Technology Partnerships § 1160.4 Antitrust considerations. The Department of Commerce will offer no opinion on the antitrust merits of the formation of any industrial...

  11. 15 CFR 1160.24 - Antitrust considerations.

    Science.gov (United States)

    2010-01-01

    ...) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE PRODUCTIVITY, TECHNOLOGY AND INNOVATION Strategic... opinion on the antitrust merits of the formation of any proposed Strategic Partnership. The Department may... Strategic Partnership would raise antitrust issues. Furthermore, the role played by the Department...

  12. Economic Liberalization and Antitrust in México Economic Liberalization and Antitrust in México

    Directory of Open Access Journals (Sweden)

    Mark D. Williams

    1995-03-01

    Full Text Available Mexico recently adopted antitrust legislarion modeled after that in the European Union and the United States. The law established an enforcement agency, the Federal Competition Commission. and gave it the fundamental task of preserving economic reforms. Accordingly, the agency initiated a vigorous program of traditional antitrust enforcement, including merger oversight and investigations of hoth horizontal and vertical business activities.The theoretical framework proposed in this paper suggests that dedicating resources to traditional antitrust enforcement may not be an appropriate policy for a liberalizing economy. Instead. the agency should devote its resources to competition advocacy - especially during Mexico's transition to a more open economy - and limit its enforcement activities to nambiguously anticompetitive horizonral restraints on competition. Traditional antitrust enforcement, especially against business activities with ambiguous anticompetitive effect, may simply encourage producer interest groups to lobby other government agencies for protection. This protection will be counterproductive to the goals of liberalization and may often be more anticompetitive than the cure.Qualitative evidence suggests that the Federal Competition Commission has allocated its resources toward its competition advocacy role by challenging government-generated barriers to entry, growth and exit. These resources are expected to have greater returns in terms of economic reform than do traditional antitrust enforcement efforts, We conclude that conventional antitrust enforcement should he relegated to mature developed economies alld that competition advocary he emphasized for economies in transition. Mexico recently adopted antitrust legislarion modeled after that in the European Union and the United States. The law established an enforcement agency, the Federal Competition Commission. and gave it the fundamental task of preserving economic reforms

  13. The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law; Der Netzzugang und seine Verweigerung im Spannungsfeld zwischen Zivilrecht, Energierecht und Kartellrecht

    Energy Technology Data Exchange (ETDEWEB)

    Kuehne, G. [Technische Univ. Clausthal, Clausthal-Zellerfeld (Germany). Inst. fuer Deutsches und Internationales Berg- und Energierecht

    2000-07-01

    The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [German] Das Energiewirtschaftsgesetz (EnWG) zur Neuregelung der Energiewirtschaft in Deutschland und Umsetzung der EU Binnenmarktrichtlinie fuer Strom enthaelt eine Regelung fuer den Netzzugang im wettbewerblich organisierten Strommarkt, d.h. einen Kontrahierungszwang zur Regelung des Zugangs Dritter zu Uebertragungs- und Versorgungsnetzen. Der Staat hat die inhaltliche Gestaltung der Durchleitungsvertraege und der Netzregeln weitgehend den Vertragsparteien ueberlassen. Die rechtliche Analyse dieses Beitrags untersucht die Regelungen des EnWG in ihrem Verhaeltnis zum Kartellrecht (Durchleitungsverweigerungsgruende, Unbundling) und zum Zivilrecht (Freiheit der Vertragsgestaltung) und fragt, inwieweit die Vorgaben des EnWG im Zusammenwirken mit den angesprochenen Vorgaben aus anderen Rechtsgebieten einen ordnungspolitischen Rahmen darstellen, der die Ziele der politisch gewollten Marktderegulierung und

  14. Anti-Trust

    Institute of Scientific and Technical Information of China (English)

    HUYONG

    2005-01-01

    In 1993, China promulgated a law against unfair competition, which has served as a basic package of rules for the nation to maintain the normal order of market competition. Though there are clauses and articles in other existing laws that concern policies for competition, no exclusive law against monopolistic competition has yet been hammered out.

  15. 75 FR 70031 - Antitrust Division

    Science.gov (United States)

    2010-11-16

    ... Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993--Open... National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (``the Act''), Open Axis... branding program based upon distinctive trademarks to create high customer awareness of, demand for,...

  16. Antitrust concerns in the modern public utility environment

    International Nuclear Information System (INIS)

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society's primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy

  17. Antitrust concerns in the modern public utility environment

    Energy Technology Data Exchange (ETDEWEB)

    Meeks, J.E. [Ohio State Univ., Columbus, OH (United States). Coll. of Law

    1996-04-01

    Direct regulation of public utility activity and behavior has been the predominant approach to protect the public interest in this country. Changes in technology, as well as new thinking about the optimum role of regulation, have created a changing atmosphere in all of the traditional public utility industries. Competitive markets for many of the products and services in these industries have been developing. While monopoly power will continue to exist in certain parts of these industries and require direct regulation, in many areas a growing reliance upon competition as the best method of serving the public interest is developing. With this shift in emphasis from regulation to free markets, the antitrust laws take on new importance for these industries. In the absence of direct regulator control, those laws are society`s primary method of insuring the markets necessary to make competition an effective device for protecting the public interest. This study provides an overview of the antitrust laws, briefly describes the applicable theoretical underpinnings, and then turns to areas where public utility activity may pose special problems or conflicts with prevailing antitrust policy.

  18. Sunk Costs and Antitrust Barriers to Entry

    OpenAIRE

    SCHMALENSEE, Richard

    2004-01-01

    US antitrust policy takes as its objective consumer welfare, not total economic welfare. With that objective, Joe Bain's definition of entry barriers is more useful than George Stigler's or definitions based on economic welfare. It follows that economies of scale that involve sunk costs may create antitrust barriers to entry. A simple model shows that sunk costs without scale economies may discourage entry without creating an antitrust entry barrier.

  19. Mercantilism, Corporations, and Liberty: The Fallacies of ‘Lochnerian’ Antitrust

    Directory of Open Access Journals (Sweden)

    James Rolph Edwards

    2009-07-01

    Full Text Available Progressive legal theorist Daniel Crane has argued that libertarians who believe that monopoly results from government intervention should accept antitrust law because the monopoly problem is a result of state government passage of General Incorporation Acts after the Civil War. The resulting corporate consolidation and control of industry necessitated federal antitrust law as a corrective. Crane has all of this wrong. State permission for incorporation was an ancient tool of mercantile grants of monopoly still in practice by state legislatures in the early 19th century, and the General Incorporation Acts were a major expression of a successful Jacksonian antimonopoly policy.

  20. NRC antitrust licensing actions, 1978--1996

    International Nuclear Information System (INIS)

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC's competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC's antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission's Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission's antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC's antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs

  1. NRC antitrust licensing actions, 1978--1996

    Energy Technology Data Exchange (ETDEWEB)

    Mayer, S.J.; Simpson, J.J.

    1997-09-01

    NUREG-0447, Antitrust Review of Nuclear Power Plants, was published in May 1978 and includes a compilation and discussion of U.S. Nuclear Regulatory Commission (NRC) proceedings and activity involving the NRC`s competitive review program through February 1978, NUREG-0447 is an update of an earlier discussion of the NRC`s antitrust review of nuclear power plants, NR-AIG-001, The US Nuclear Regulatory Commission`s Antitrust Review of Nuclear Power Plants: The Conditioning of Licenses, which reviewed the Commission`s antitrust review function from its inception in December 1970 through April 1976. This report summarizes the support provided to NRC staff in updating the compilation of the NRC`s antitrust licensing review activities for commercial nuclear power plants that have occurred since February 1978. 4 refs., 4 tabs.

  2. Addressing Pricing Power in Integrated Delivery: The Limits of Antitrust.

    Science.gov (United States)

    Berenson, Robert

    2015-08-01

    Prices are the major driver of why the United States spends so much more on health care than other countries do. The pricing power that hospitals have garnered recently has resulted from consolidated delivery systems and concentrated markets, leading to enhanced negotiating leverage. But consolidation may be the wrong frame for viewing the problem of high and highly variable prices; many "must-have" hospitals achieve their pricing power from sources other than consolidation, for example, reputation. Further, the frame of consolidation leads to unrealistic expectations for what antitrust's role in addressing pricing power should be, especially because in the wake of two periods of merger "manias" and "frenzies" many markets already lack effective competition. It is particularly challenging for antitrust to address extant monopolies lawfully attained. New payment and delivery models being pioneered in Medicare, especially those built around accountable care organizations (ACOs), offer an opportunity to reduce pricing power, but only if they are implemented with a clear eye on the impact on prices in commercial insurance markets. This article proposes approaches that public and private payers should consider to complement the role of antitrust to assure that ACOs will actually help control costs in commercial markets as well as in Medicare and Medicaid. PMID:26124302

  3. A práxis antitruste no Brasil: uma análise do CADE no período 1994-2004 The antitrust policy in Brazil: an analysis of CADE (1994-2004

    Directory of Open Access Journals (Sweden)

    Marina Moreira da Gama

    2007-08-01

    Full Text Available A política de defesa da concorrência é construída através das decisões dos órgãos antitruste nacionais que, no caso brasileiro, são proferidas pelo CADE. Avaliar as decisões do CADE é, portanto, avaliar a defesa da concorrência no Brasil. Um modo de avaliar a práxis antitruste brasileira consiste em observar se as decisões do CADE estão de acordo com as convencionais teorias utilizadas na análise antitruste. O objetivo deste trabalho é, portanto, analisar a consistência teórica dos julgados do CADE. Para tanto, são avaliados 330 votos de Conselheiros-Relatores no período de vigência da Lei 8.884/94, ou entre 1994 e 2004. A conclusão do estudo é que há uma generalizada fragilidade na aplicação da teoria antitruste pelo CADE.The antitrust policy is built through antitrust agency’s decisions that are, in Brazil, pronounced by CADE. To appraise CADE’s decisions, thus, is to appraise the antitrust policy in Brazil. This implies that is necessary to know if such decisions are consistent with the antitrust theory. The purpose of this paper is to verify the theoretical consistency of CADE’s decisions. To get there, 330 Counsel’s votes are analyzed on the legality lifetime of the 8.884/94 Law, between 1994 and 2004. The paper’s conclusion is that there is a general fragility in antitrust theory’s application by CADE.

  4. 28 CFR 16.88 - Exemption of Antitrust Division Systems-limited access.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Antitrust Division Systems-limited access. 16.88 Section 16.88 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE... and compiled for law enforcement purposes could result in the premature disclosure of the identity...

  5. Multiple Listing Arrangements in Residential Real Estate Transactions: An Antitrust Analysis

    OpenAIRE

    Richard Epstein

    2008-01-01

    Let me start this short paper on the antitrust law governing multiple listings in the real estate brokerage industry with a conventional account. Thereafter I shall try to explain why this account, while not wholly wrong, is in at least one important respect incomplete.

  6. Physician recruitment programs--fraud and abuse, tax, and antitrust considerations.

    Science.gov (United States)

    Andressen, D C

    1988-01-01

    In today's competitive environment, physician recruitment incentive programs perform a valuable function for both hospitals and physicians, but fraud and abuse, tax, and antitrust laws impose significant restrictions on such programs. This article addresses some of the issues that hospitals and physicians must consider before participating in recruitment incentive programs. PMID:10302569

  7. Huaweï v. ZTE: Judicial Conservatism at the Patent-Antitrust Intersection

    OpenAIRE

    Petit, Nicolas

    2015-01-01

    This paper argues that the judgment of the Court of Justice of the EU in Huaweï v ZTE is of conservative craft. Huaweï v ZTE only extends by a razor-thin margin the zone of antitrust liability for patent owners. The Court appears reluctant to relax its traditional case-law that affirms antitrust liability on patent owners only in “exceptional circumstances.” To be sure, the Court admits that SEPs covered by a FRAND pledge generate “particular circumstances,” which justify an extension of anti...

  8. Sunk Costs and Real Options in Antitrust

    OpenAIRE

    Robert S. Pindyck

    2005-01-01

    Sunk costs play a central role in antitrust economics, but are often misunderstood and mismeasured. I will try to clarify some of the conceptual and empirical issues related to sunk costs, and explain their implications for antitrust analysis. I will be particularly concerned with the role of uncertainty. When market conditions evolve unpredictably (as they almost always do), firms incur an opportunity cost when they invest in new capital, because they give up the option to wait for the arriv...

  9. Airline alliances, antitrust immunity and market foreclosure

    OpenAIRE

    Bilotkach, Volodymyr; Hüschelrath, Kai

    2010-01-01

    This paper examines the issue of market foreclosure by airline partnerships with antitrust immunity. Overlapping the data on frequency of service and passenger volumes on nonstop routes on the transatlantic airline market with the information on dynamics of airline partnerships, we find evidence consistent with the airlines operating under antitrust immunity refusing to accept connecting passengers from the carriers outside of the partnership at respective hub airports. When an airline partne...

  10. Holding Innovation to an Antitrust Standard

    OpenAIRE

    Gilbert, Richard

    2007-01-01

    Several antitrust cases have involved allegations of anticompetitive innovation or product design and some plaintiffs and antitrust scholars have argued that investment in research and development that excludes competition can have predatory effects similar to predatory pricing. This article analyzes several tests for predatory innovation, including the rule of reason based on total and consumer welfare and profit sacrifice tests. All of these tests are likely to produce false positives that ...

  11. Antitrust review of nuclear power plants. Recent developments

    International Nuclear Information System (INIS)

    This report updates and augments an earlier report that cataloged antitrust license conditions resulting from the Nuclear Regulatory Commission's (NRC's) antitrust review process mandated by the 1970 antitrust amendments from December 1970 to April 1976. An overview of the NRC's antitrust review process relevant to applications for construction permits and operating licenses is presented. Information on the antitrust reviews completed from May 1976 to February 1978 is also given. This information includes the identity of applicants, utility system and unit sizes, the geographic location of the applicant, and a summary of any antitrust license conditions

  12. Antitrust, Economics, and Innovation in the Obama Administration

    OpenAIRE

    Joshua Wright

    2009-01-01

    In the sometimes lengthy period before those changes are incorporated into antitrust doctrine and enforcement decisions, the history of antitrust suggests a tendency toward false positives when innovative business practices are involved.

  13. 48 CFR 245.7308 - Antitrust notification.

    Science.gov (United States)

    2010-10-01

    ... Inventory 245.7308 Antitrust notification. (a) When contractor inventory with an estimated fair market value of $3 million or more or any patents, processes, techniques, or inventions, regardless of cost, are...) Proposed sale price (explain if the proposed purchaser was not highest bidder); (3) Acquisition cost...

  14. Reputational penalties to firms in antitrust investigations

    NARCIS (Netherlands)

    Broek, van den S.; Kemp, R.G.M.; Verschoor, W.F.C.; Vries, de A.

    2012-01-01

    We estimate the impact of legal penalties imposed on Dutch listed firms targeted by competition authorities from 1998 to 2008 on a firm's stock market value. On average, firms lose 2.3 percent of their market values when an antitrust investigation is uncovered. This corresponds to a total value loss

  15. An Antitrust Analysis of College Early Admission Programs

    Directory of Open Access Journals (Sweden)

    Adam L. Henry

    2005-04-01

    Full Text Available College admissions at the level of elite colleges and universities would seem, to the uninitiated, to offer a model of the competitive market that antitrust law endeavors to promote and maintain. Notwithstanding the significant branding power of a handful of truly elite colleges, the college market exhibits many of the paradigmatic competitive market’s hallmark features, including substantial numbers of both producers and consumers of the educational product, and seemingly unhindered information on the parts of both parties. Indeed, there can be little doubt that the system promotes sometimes-fierce competition: not only among applicants for elite colleges, but also among colleges for elite applicants. Such competition drives colleges to make themselves more attractive in two ways: by reducing prices through scholarships, grants, research stipends, and the like, and by improving their product through inducements like honors designations and programs. In either form, this competition redounds to the economic benefit of admitted students.

  16. The Elusive Antitrust Standard on Bundling in Europe and in the United States at the Aftermath of the Microsoft Cases

    OpenAIRE

    Nicholas Economides; Ioannis Lianos

    2008-01-01

    We analyze and contrast the US and EU antitrust standards on mixed bundling and tying. We apply our analysis to the US and EU cases against Microsoft on the issue of tying new products (Internet Explorer in the US, and Windows Media Player in the EU) with Windows as well as to cases brought in Europe and in the United States on bundling discounts. We conclude that there are differences between the EC and US antitrust law on the choice of the relevant analogy for bundled rebates (predatory pri...

  17. Using Stationarity Tests in Antitrust Market Definition

    OpenAIRE

    Forni, Mario

    2002-01-01

    In this Paper it is argued that, if two products or geographic areas belong in the same market, their relative price must be stationary. Hence stationarity tests like the ADF and the KPSS can be helpful in delineating the relevant market for Antitrust purposes, particularly for abuses of dominant positions and agreements between competitors. The proposed procedure is closely related with cointegration analysis but has more general validity. An application to the Italian milk market illustrate...

  18. Teaching Merger Law Through In-Class Simulations

    OpenAIRE

    Spencer Weber Waller

    2015-01-01

    I am convinced that there are effective ways to introduce more simulations, role playing, active learning, and a greater air of reality to teaching antitrust law. Spencer Weber Waller (Loyola University Chicago School of Law)

  19. The Economics of Antitrust and Regulation in Telecommunications

    OpenAIRE

    2004-01-01

    Contributing to a convergence of legal and economic approaches, The Economics of Antitrust and Regulation in Telecommunications integrates economic theory into current EU antitrust policy within the sector. The book addresses the role of competition and regulatory policies on a number of key issues in telecommunications, such as market definition, collective dominance, access to networks, and allocation of scarce resources.

  20. Change and Continuity in International Antitrust Under an Obama Administration

    OpenAIRE

    Daniel Sokol

    2009-01-01

    change in the antitrust leadership in the United States as a result of the election of Barack Obama has potentially significant challenging effects for antitrust enforcement and priorities around the world. Nevertheless, some of the differences between Democratic and Republic administrations, at least on international issues, may be exaggerated.

  1. Joint ventures e a política antitruste brasileira Joint ventures and Brazilian antitrust policy

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.The antitrust policy is an essential part of the required institutions that support economic growth and the seeking for more efficient arrangements. This paper aims to examine the Brazilian antitrust policy, paying special attention to way that the authorities deal with the joint ventures. In order to reach this goal, we review the theoretical contributions, discuss the procedures adopted by international antitrust authorities and, more importantly, scrutinize the cases of joint ventures judged by the Brazilian watchdog along period 2002-2010. We conclude that there are not specific norms to be applied by the Brazilian antitrust commissionaires when they are judging joint ventures, allowing them to act with a relatively degree of discretion.

  2. Intellectual Property Rights Protection Versus Antitrust: Tug of War?

    OpenAIRE

    Andrey Shastitko; Alexander Kurdin

    2011-01-01

    We consider the relationship between antitrust policy and intellectual property protection under the condition of poorly enforced intellectual property rights protection. Andrey Shastitko & Alexander Kurdin (Moscow Lomonossov State Univ.)

  3. The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

    Science.gov (United States)

    Wright, Danaya

    1995-01-01

    A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

  4. Agricultural Production Restrictions and Market Power: An Antitrust Analysis

    OpenAIRE

    Bolotova, Yuliya

    2015-01-01

    During the recent decade the organizations of agricultural producers in the national dairy, potato, egg and mushroom industries implemented various pre-production and production restriction practices with the primary objective of agricultural output price stabilization. The buyers of the affected agricultural commodities have challenged the legal status of production restrictions in a number of recent and current antitrust lawsuits, arguing that the Capper-Volstead Act, a limited antitrust ex...

  5. Defensive Disclosure of Patentable Inventions Under Antitrust Enforcement

    OpenAIRE

    Bhaskarabhatla, Ajay; Pennings, Enrico

    2013-01-01

    textabstractWe formulate a simple model of optimal defensive disclosure by a dominant firm facing uncertain antitrust enforcement and test its implications using unique data on defensive disclosures and patents by IBM. Our results indicate that stronger antitrust enforcement leads to more defensive disclosure and that defensive disclosure served as an alternative, but less successful, mechanism to patenting at IBM in appropriating returns from R&D. We extend our analysis to two other exceptio...

  6. Exclusionary Vertical Restraints and Antitrust: Experimental Law and Economics Contributions

    OpenAIRE

    Landeo, Claudia

    2012-01-01

    Vertical restraints have been subject of lively policy and academic discussions. Scholars associated with the Chicago School challenged early foreclosure doctrines by arguing that vertical restraints primarily reflected efficiency considerations. More recently, industrial organization economists have used the tools of game theory and information economics to showth at these business practices might actually serve anticompetitive purposes. The influence of the new economic theories on antitrus...

  7. Concetto di mercato e antitrust (The concept of the market and antitrust)

    OpenAIRE

    Sabbatini, P

    2013-01-01

    In order for the concept of the market to play a significant and non-contradictory role in economic (and antitrust) analysis, two conditions must be fulfilled. First, the characteristics of demand must be such as to demarcate a market unequivocally. Second, the competition in a specific market must have limited interaction with the rest of the economy. In general, these conditions cannot be met. First, the non-constancy of the elasticity of the demand function means that the size of the marke...

  8. The analysis of market dominance and restrictive practices under German antitrust law in light of EC antitrust law.

    OpenAIRE

    Chirita, Anca D.

    2008-01-01

    This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal ...

  9. Concetto di mercato e antitrust (The concept of the market and antitrust

    Directory of Open Access Journals (Sweden)

    P. Sabbatini

    2013-10-01

    Full Text Available In order for the concept of the market to play a significant and non-contradictory role in economic (and antitrust analysis, two conditions must be fulfilled. First, the characteristics of demand must be such as to demarcate a market unequivocally. Second, the competition in a specific market must have limited interaction with the rest of the economy. In general, these conditions cannot be met. First, the non-constancy of the elasticity of the demand function means that the size of the market depends on its structure and on the behaviour of its agents. Second, given differentiated products, the competitive relations between them will be heterogeneous, giving rise to as many market segments as there are individual products. Third, supply-side substitutability, i.e. the possibility of using a given technique to produce several products (not all in the same market ensures that intra-industry economic dynamics prevail over intra-market ones. Finally, multi-market contacts between firms generate overall strategic conduct, making analysis of any particular market irrelevant.  JEL Codes: K21, L40Keywords: Competition, Market, Antitrust, Elasticity of demand, Supply-side substitutability

  10. Standard review plan on antitrust reviews. Final report

    International Nuclear Information System (INIS)

    This standard review plan describes the procedures used by NRC staff to implement the antitrust review and enforcement provisions in Sections 105 and 186 of the Atomic Energy Act of 1954, as amended (the Act), and replaces NUREG-0970. These procedures are principally derived from the Commission's Rules and Regulations in 10 CFR Sections 2.101, 2.102, Part 2-Appendix A, Section X, 50.33a, 50.80, 50.90, and 52.77. These procedures set forth the steps and criteria the staff uses in antitrust reviews of construction permit applications, operating license applications, combined construction permit/operating license applications, combined construction permit/operating license applications, and applications for approval of the transfer of construction permits, operating licenses, and combined licenses. In addition, the procedures describe how the staff enforces compliance with antitrust conditions appended to licenses

  11. Playing by the rules. How Intel avoids antitrust litigation.

    Science.gov (United States)

    Yoffie, D B; Kwak, M

    2001-06-01

    Microsoft and Intel are both obvious targets for antitrust litigation; both wield considerable control in their respective segments of the computer industry. But while Mircrosoft has been mired in court for years now--its name and business practices dragged through the mud, and its very future as a single company thrown into doubt--Intel has avoided a prolonged, high-profile antitrust case. Intel's success is not a matter of luck. The company's antitrust compliance program, refined over many years, has been an integral element in the chip maker's business strategy. In this article, the authors suggest that Intel's approach to compliance provides a valuable model for any enterprise that may come under regulators' scrutiny. They describe how Intel created extremely conservative antitrust compliance standards and then instituted a series of unique training events that had active support from then--CEO Andy Grove and others in senior management. First, live training -- not just instructional pamphlets or videos -- was given to all affected employees. Those classes were followed by customized training programs for different parts of the company. Then, to drive antitrust awareness deeper into the company's memory, Intel carried out random audits of employees' files and conducted mock depositions. "It's fascinating to see," Grove says. "A memo is introduced into evidence and you shrug. You fully understand how that memo could be written. Moreover, you could have written it yourself. And then you see that memo turned into a tool and a weapon against you, in front of your eyes." Intel recognizes that no matter how cautious it is, it will always face extraordinary scrutiny as a market leader. But "since antitrust is embedded in everything we do," Grove says, "we can control our destiny." PMID:11408972

  12. Antitrust and the Real Estate Industry: Looking Backwards and Forwards

    OpenAIRE

    Thomas Brown; Whitney McCollum

    2008-01-01

    The U.S. Federal Trade Commission and the U.S. Department of Justice have pushed an antitrust enforcement agenda designed to reform the industry. In 2005, the DOJ’s Antitrust Division sued the National Association of Realtors. The FTC followed suit in 2006 by issuing a series of complaints against a number of real estate groups. Although they challenged slightly different policies, both agencies claimed that they were suing to protect new types of competition that had been stoked by the...

  13. Antitrust and hospital mergers: does the nonprofit form affect competitive substance?

    Science.gov (United States)

    Greaney, Thomas L

    2006-06-01

    Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context in which these institutions operate is never far from the surface, it takes issue with the proposal to cabin merger doctrine so as to deny the significance of nonprofit status in merger analysis. Given the dynamic change in the regulatory climate and heterogeneity of local health care markets, it advises courts not to accept the FTC's preemptive standard regarding the significance of hospitals' nonprofit status and keep open the possibility of fashioning new presumptive rules tailored to more complete economic accounts of nonprofit firm behavior. PMID:16785295

  14. Optimal enforcement of competition law

    NARCIS (Netherlands)

    Motchenkova, E.

    2005-01-01

    Despite the recent theoretical developments in the field of antitrust law enforcement, much still needs to be done in order to prevent collusion and price-fixing in the major indiustries. Although penalties were recently increased considerably and new instruments of cartel deterrence such as lenienc

  15. Change of Tone could help Google in European Antitrust Case

    OpenAIRE

    Petit, Nicolas

    2012-01-01

    For the past two years, Google has worked hard to avoid facing formal antitrust charges in Europe that could mean years of expensive litigation and encourage the authorities in other parts of the world to take comparable actions. Time is running out. The European Commission could bring charges against the U.S. company for abusing its dominance in the search and advertising market in the next few weeks.

  16. The evolvability of business and the role of antitrust

    OpenAIRE

    Ian Wilkinson

    2012-01-01

    In this paper, based on theories of complex adaptive systems, I argue that the main case for antitrust policy should be extended to include the criteria of "evolvability." To date, the main case focuses on economizing, including market power as a key filter for identifying suspect cases. Both production and transaction costs are considered as part of economizing and other factors are use to consider the benefits of different industry structures. CAS analysis focuses attention on dynamics, evo...

  17. Beyond Schumpeter vs. Arrow: How Antitrust Fosters Innovation

    OpenAIRE

    Baker, Jonathan

    2007-01-01

    The relationship between competition and innovation is the subject of a familiar controversy in economics, between the Schumpeterian view that monopolies favor innovation and the opposite view, often associated with Kenneth Arrow, that competition favors innovation. Taking their cue from this debate, some commentators reserve judgment as to whether antitrust enforcement is good for innovation. Such misgivings are unnecessary. The modern economic learning about the connection between competiti...

  18. United States, Europe and Poland Different Stages of Antitrust Tying War in the New Economy

    Directory of Open Access Journals (Sweden)

    Mariusz SWORA

    2006-06-01

    Full Text Available Microsoft’s case has led to heated debates, both in Europe and the United States of America, on the abuse of the dominant position and on the prohibition of tying. This discussion, both in Europe and the United States, is not finished. In this article the author presents legal implications of tying products in Europe and Poland and confronts them with the American approach to tying. In Poland, a country with a fast developing economy, with the growing level of foreign investments, discussion on monopolist practices under the conditions of a fast technological development1 has not really commenced yet. The problems of innovation and development of New Economy undertakings has gained new impetus following Poland’s accession to the European Union. It is a matter of time when the anti-trust law begins to show interest in them. There are some indications that this has already taken place. In the first part of this article the author briefly presents the discussion related to Microsoft III case in the United States insofar as it pertains to New Economy issues. The second and third parts address legal and political aspects of the Microsoft case in the European Union. In the fourth part legal aspects related to tying practices in Poland are presented. The article aims to show that instrumental and mechanical treatment of tying practices used by firms having the market power under conditions of technological progress is not proper. The problem of antitrust analysis of such practices is universal, as universal as these practices are. However, the problem is solved differently in the United States and in Europe and the reasons for such a different approach are rooted in the legal system and policy enforcement. Microsoft antitrust is global. After US and European cases, Korean competition authority has found Microsoft guilty of tying practices2. Regarding Microsoft problems with tying it is necessary to ask the question whether tying practices are

  19. Injunctive Relief and Private Antitrust Enforcement

    OpenAIRE

    Peyer, Sebastian

    2011-01-01

    The paper analyses the role of injunctions in the private enforcement of competition law. Most commentators deal predominantly with damages actions and the European policy proposals only discuss the conditions for successful compensation claims. However, damages claims are likely to be the most expensive and time consuming remedy available. In many cases injunctive relief may be cheaper and, thus, be preferred by the victim. Asking the court to order the perpetrator to either cease from certa...

  20. 38 CFR 1.902 - Antitrust, fraud, and tax and interagency claims.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Antitrust, fraud, and tax... Collection Effort, and Referral of Civil Claims for Money Or Property § 1.902 Antitrust, fraud, and tax and... in accordance with Executive Order 12146 (3 CFR, 1980 Comp., pp. 409-412). (Authority: 31 U.S.C....

  1. 31 CFR 900.3 - Antitrust, fraud, and tax and interagency claims excluded.

    Science.gov (United States)

    2010-07-01

    ... Order 12146 (3 CFR, 1980 Comp., pp. 409-412). ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Antitrust, fraud, and tax and...) SCOPE OF STANDARDS § 900.3 Antitrust, fraud, and tax and interagency claims excluded. (a) The...

  2. 26 CFR 1.186-1 - Recoveries of damages for antitrust violations, etc.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 3 2010-04-01 2010-04-01 false Recoveries of damages for antitrust violations, etc. 1.186-1 Section 1.186-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY... (continued) § 1.186-1 Recoveries of damages for antitrust violations, etc. (a) Allowance of deduction....

  3. Nuclear Regulatory Commission's antitrust review process: an analysis of the impacts

    International Nuclear Information System (INIS)

    The Nuclear Regulatory Commission's (NRC) antitrust process is reviewed and its impacts to small systems and applicant systems are studied. This process takes the form of a description of the NRC's antitrust review process as implemented, a generic categorization of potential impacts and individual case-by-case studies of four different utilities

  4. The New Competition Law in Brazil: Challenges Ahead

    OpenAIRE

    Jose Antonio Ziebarth

    2011-01-01

    The recently passed bill deals with some of the most critical problems of Brazilian antitrust law and policy, such as the inefficiencies stemming from having three different agencies in charge of competition law enforcement and the lack of staff. José Antonio Batista de Moura Ziebarth

  5. Alcuni recenti orientamenti interpretativi in tema di intersection fra PI e Antitrust

    Directory of Open Access Journals (Sweden)

    Gustavo Ghidini

    2015-10-01

    Full Text Available Recent decisions of the European Court of Justice (Astrazeneca and Italian Antitrust Authority (Pfizer suggest that even the mere acquisition – as distinguished from the exercise – of a patent (as any other IPR may amount to a misuse if the achievement thereof runs in contrast with the rules governing its entitlement; and, if the patent owner enjoys a dominant position, such patent misuse may translate into an abuse of said position under art. 102 TFEU. Cases of this type must be clearly distinguished from those where the patent has been legitimately/regularly obtained, and its holder exercises the ‘institutionally excluding’ related power against unauthorized third parties. In such cases, antitrust law comes in not to enforce a properly ‘abusive’ conduct, but to correct an objective market situation which has grown ‘excessively’ foreclosing competition – and this, thanks to the very success of the patent. A situation, and a legal solution, which bears a strong analogy of rationale with the one envisaged by art. 2597 of Italian civil code. Thus, that of ‘abuse’ is a general normative tool that is used both to adjudicate anti-competitive torts (as in the first case and to regulate an objective ‘close to monopoly’ situation occurred without any wrongdoing by the patent holder.The distinction is confirmed by the consequences. On one side, as in Astrazeneca and Pfizer, the patent holders are sanctioned (and their patent or CCP is subject to annulment; no compensation whatever of the patentee is thinkable. On the other side, in the case of the regular acquisition and intrinsically legitimate exercise of the IPR competition law imposes a duty to license it on FRAND terms: i.e., with compensation of the patent holder, fully retains his entitlement. Here, self-evidently, the patent holder has behaved lawfully -otherwise a compensation would be unthinkable! The ‘abuse’ may properly occur ex post, i.e. only if the holder

  6. Antitrust risk in EU manufacturing: A sector-level ranking

    OpenAIRE

    MARINIELLO, Mario; Antonielli, Marco

    2014-01-01

    Based on a dataset of manufacturing sectors from five major European economies (France, Germany, Italy, Spain and the United Kingdom) between 2000 and 2011, we identify a number of key sector-level features that, according to established economic research, have a positive impact on the likelihood of collusion. Each feature is proxied by an â??Antitrust Risk Indicatorâ?? (ARI). We rank the sectors according to their ARI scores. At 2-digit level, sectors that appears more exposed to collusion r...

  7. European Economic Law: A Seminar

    OpenAIRE

    Pereira, Alexandre Libório Dias

    2004-01-01

    This paper addresses the legal framework of the internal market of the European Community, in special economic freedoms (free movement of goods, persons, services and capital) and their exceptions, as well as competition law concerns such as antitrust and cartels (the elimination of agreements which restrict competition - e.g. pricefixing agreements, or cartels, between competitors -, and of abuses by firms who hold a dominant position on the market), merger control (the control of mergers...

  8. No Such Thing as a Free Search: Antitrust and the Pursuit of Privacy Goals

    OpenAIRE

    Alec J. Burnside

    2015-01-01

    Privacy and Big Data present new permutations, but familiar antitrust disciplines can be applied to an economy where personal data rather than cash is the currency of payment. Alec J. Burnside (Cadwalader, Wickersham & Taft LLP)

  9. Apples and Oranges: Comparing Assertions of SEPs and Differentiating Patents from an Antitrust Perspective

    OpenAIRE

    Jay Jurata; Adya Baker

    2015-01-01

    Avoiding confusion between SEPs and differentiating patents is critical to ensuring that the goals of both the antitrust and patent systems are achieved. Jay Jurata & Adya Baker (Orrick, Herrington & Sutcliffe LLP)

  10. Antitrust rules and Intellectual Property Rights in the EU and the US – Towards convergence?

    Directory of Open Access Journals (Sweden)

    Mario Todino

    2014-07-01

    Full Text Available In light of the exponential increase of the number of investigations raising the issue of how to reconcile competition rules and Intellectual Property Rights (IPRs, it is now clear that the area of Antitrust/IP intersection is becoming the battleground of antitrust enforcers around the Globe. In some areas inherently prone to market power accumulation, antitrust rules tend to clash with IPRs and prevail over the latter, for the intensity in the application of competition rules increasingly depends on the strength of the IPRs at stake, as well as on the sector involved. Information Communication Technology and Pharmaceuticals are the sectors most affected by this trend, as they both display specific market features calling for intensive antitrust scrutiny. Surprisingly enough, in these areas the EU and the US agencies are heading towards convergence, in light of the decisions taken in cases such as the judicial injunctions sought by FRAND-pledged SEPs holders and the reverse settlements in the Pharma sector. The purpose of this article is to show that in those areas more exposed to tension between antitrust and IP rules, there is an increasing level of convergence between the US and the EU. In particular, it is submitted that, like in the EU, the US is departing from the traditional symmetry principle under which antitrust rules are applied to IPRs exactly the same way as other property rights. In this new framework, inconsistency is more likely to come from the enforcement activity of NCAs across Europe.

  11. On the Relation of Exercising of Patent Rights and Antimonopoly Law

    Directory of Open Access Journals (Sweden)

    Li-zhi NING

    2007-10-01

    Full Text Available
    Antimonopoly law provides exemption for the legitimate exercising of patent rights, casts regulation and control over the patent abuse. This article expounds the exemption subject, exemption condition, exemption occasion as well as exemption category, elucidates the relation of abuse behavior and antimonopoly law, puts forward concrete regulating approach on the patent abuse by antimonopoly law.
    Key words: legitimate exercising of patent rights, patent abuse, antimonopoly law
    Résumé: le juste exercice du droit de propriété industrielle est immunisé selon la loi antitrust, j’expose dans cette thèse l’objet, la condition, l’occasion et la catégorie de son immunité. Pourtant, l’abus du droit de propriété industrielle est restreint aussi selon la loi antitrust, j’explique la relation entre l’abus du droit de propriété industrielle et la loi antitrust, puis propose mon projet afin de restreindre l’abus du droit de propriété industrielle par la loi antitrust.
    Mots-Clés: le juste exercice du droit de propriété industrielle, l’abus du droit de propriété industrielle, la loi antitrust

  12. Joint ventures e a política antitruste brasileira

    Directory of Open Access Journals (Sweden)

    Ana Paula Avellar

    2012-12-01

    Full Text Available As políticas de defesa da concorrência integram atualmente o conjunto fundamental de instituições necessárias à promoção do crescimento e a busca das sociedades por arranjos mais eficientes. O presente trabalho tem como objetivo realizar uma análise da política antitruste brasileira concentrando-se no tratamento dado pelas autoridades à constituição de joint ventures. Na realização dessa tarefa, foram feitas revisões teóricas, constatações acerca dos procedimentos de autoridades internacionais sobre o assunto e um estudo empírico abordando casos julgados no Brasil entre os anos de 2002 e 2010. O resultado encontrado revela a inexistência de normatização específica para o tratamento das joint ventures no Brasil, culminando, assim, em uma relativa discricionariedade por parte dos órgãos do SBDC na análise desses atos.

  13. 45 CFR 30.3 - Antitrust, fraud, exception in the account of an accountable official, and interagency claims...

    Science.gov (United States)

    2010-10-01

    ... Justice returns a referred claim to the Department for further handling in accordance with parts 31 CFR... 45 Public Welfare 1 2010-10-01 2010-10-01 false Antitrust, fraud, exception in the account of an... AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION General Provisions § 30.3 Antitrust,...

  14. 41 CFR 105-55.003 - Antitrust, fraud, tax, interagency claims, and claims over $100,000 excluded.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust, fraud, tax... § 105-55.003 Antitrust, fraud, tax, interagency claims, and claims over $100,000 excluded. (a) The... involving fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or...

  15. European Community law - energy law - commercial law. Europarecht, Energierecht, Wirtschaftsrecht; Festschrift fuer Bodo Boerner zum 70. Geburtstag

    Energy Technology Data Exchange (ETDEWEB)

    Baur, J.F. (ed.); Mueller-Graff, P.C. (ed.); Zuleeg, M. (ed.)

    1992-01-01

    The first section of the book, dedicated to EC law, presents among other things a contribution discussing the constitutional state and the power of the courts in EC member states to review the constitutionality, and a contribution on the current situation in connection with the principle of equality adopted by EC law. The section in energy law covers nine contributions, each of them having been prepared for separate retrieval from the data base, and which deal with such aspects as: the history of and changes undergone by EC energy law; the dogmatics of the energy law; framework conditions governing the international natural gas trade. The third section, General Commerical Law, deals among other things with general aspects such as the protection of property of a joint stock company being sold, or the European anti-trust law as a model for modifications of national law systems relating to restraint of competition. (HSCH)

  16. Why Law, Economics and Organization

    OpenAIRE

    Oliver E. Williamson

    2005-01-01

    It being the case that law and economics is a success story, what are the reasons to call upon organization? Three related reasons are advanced here. First, the orthodox theory of the firm-as-production function is self-limiting and needs, for some purposes, to be joined with the theory of the firm-as-governance structure. Organization theory makes essential contributions to that project. Second, such a move has lessons for public policy analysis. Earlier and ongoing errors in antitrust and ...

  17. Antitrust Analysis of Supermarket Retailing: Common Global Concerns that Play Out in Local Markets

    OpenAIRE

    Cotterill, Ronald W.

    2005-01-01

    This paper reviews the basic antitrust standards for the supermarket industry including definition of product and geographic markets and the exercise of coordinated and unilateral market power. It surveys the structure-conduct-performance and the New Empirical Industrial Organization literature to highlight alternative tests for supermarket power. The focus is a supermarket chain?s ability to exercise buyer as well as seller power. Recent research on vertical pricing topics including noncompe...

  18. ASSEMBLED PRODUCTS: THE KEY TO MORE EFFECTIVE COMPETITION AND ANTITRUST OVERSIGHT IN HEALTH CARE.

    Science.gov (United States)

    Sage, William M

    2016-01-01

    This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector's long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned a billing code, even if they do little to help patients. Instead of further entrenching weakly competitive parties engaged in artificial commerce, antitrust enforcers and regulators should work together to promote the sale of fully assembled products and services that can be warranted to consumers for performance and safety. As better products emerge through innovation and market entry, competition may finally succeed at lowering medical costs, increasing access to treatment, and improving quality of care. PMID:27062731

  19. Community control and pricing patterns of nonprofit hospitals: An antitrust analysis.

    Science.gov (United States)

    Young, G J; Desai, K R; Hellinger, F J

    2000-12-01

    Traditional control of nonprofit hospitals by the communities they serve has been offered as justification for restraining antitrust enforcement of mergers that involve nonprofit hospitals. The community is arguably a constraint on a nonprofit's inclination to exercise market power in the form of higher prices; however, community control is likely to be attenuated for hospitals that through merger or acquisition become members of hospital systems--particularly those that operate on a regional or multiregional basis. We report findings from a study in which we examined empirically the relationship between market concentration and pricing patterns for three types of nonprofit hospitals that are distinguishable based on degree of community control: an independent hospital, a member of a local hospital system, and a member of a nonlocal hospital system. Study results indicated that when conditions existed to create a more concentrated market, (1) all three types of nonprofit hospitals exercised market power in the form of higher prices, and (2) hospitals that were members of nonlocal systems were more aggressive in exercising market power than were either independent or local system hospitals. The results have important implications for antitrust enforcement policy. PMID:11142052

  20. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2014-01-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  1. Gold Mine or Minefield: Understanding Russian Law on Vertical Restraints

    Directory of Open Access Journals (Sweden)

    Valentina Rucker

    2015-02-01

    Full Text Available While the Russian Federation represents a significant opportunity for growth, that opportunity is coupled with serious risks. As it relates to managing product distribution, Russian vertical restraint law remains significantly more restrictive than that of the U.S. and, since unless a company is fully integrated, it must manage its distribution system by way of vertical agreements, presents a large problem for businesses seeking to conduct business in Russia. While Russia has made significant steps in the right direction, the lack of consistent application of economic analysis to evaluation of vertical restraints leaves companies exposed. Further, the sometimes inconsistent application of the laws also makes it hard to predict how any particular vertical agreement would be evaluated. Neither American nor Russian antitrust laws establish a list of possible vertical restraints. Thus, there is no exhaustive guidance regarding how these restraints should be treated. U.S. antitrust laws, however, generally place all vertical restraints into one of two categories, intrabrand restraints and interbrand restraints. Intrabrand restraints are those that restrain the downstream firm’s freedom with regard to the resale of the product at issue (distribution restrictions. Interbrand restraints are those that restrict a downstream or upstream firm’s freedom to deal with competitors of the firm imposing the restraint (interbrand restrictions. It should be noted that Russian law does not make this distinction.

  2. Sequential Versus Simultaneous Market Delineation: The Relevant Antitrust Market for Salmon

    DEFF Research Database (Denmark)

    Haldrup, Niels; Peter, Møllgaard

    Delineation of the relevant market forms a pivotal part of most antitrust cases. The standard approach is sequential. First the product market is delineated, then the geographical market is defined. Demand andsupply substitution in both the product dimension and the geographical dimension will...... normally be stronger than substitution in either dimension. By ignoring this one might decide first to define products narrowly and then to define the geographical extent narrowly ignoring the possibility of a diagonal substitution. These reflections are important in the empirical delineation of product...... and geographical markets. Using a unique data set for prices of Norwegian and Scottish salmon, we propose a methodology for simultaneous market delineation and we demonstrate that compared to a sequential approach conclusions will be reversed....

  3. Law without Law

    OpenAIRE

    Sidharth, B. G.

    2007-01-01

    We consider a model for spacetime in which there is an ubiquitous background Dark Energy which is the Zero Point Field. This is further modeled in terms of a Weiner process that leads to a Random or Brownian characterization. Nevertheless we are able to recover meaningful physics, very much in the spirit of Wheeler's Law without Law, that is laws emerging from an underpinning of lawlessness.

  4. Lack of defence of the undertakings involved in antitrust follow on action and compliance with the Italian constitutional principles

    OpenAIRE

    Vasques Luciano

    2013-01-01

    The article analyses an Italian Supreme Court decision, which stated that a cartel casedecision of the Italian antitrust authority («Iaa») could limit the evaluations of a Judgein charge in the follow on private enforcement case related to the cartel already ascertainedby the Iaa. This Supreme court decision is coherent with the needs of theEu Commission to increase the private enforcement cases within the Eu. The authorwhile considers positive any mechanism which facilitates the burden of pr...

  5. J.P. MORGAN, THE CLAYTON ANTITRUST ACT, AND INDUSTRIAL FINANCE-CONSTRAINTS IN THE EARLY TWENTIETH CENTURY

    OpenAIRE

    Daniel C. Giedeman

    2004-01-01

    Restrictions on the American banking system in the early Twentieth Century affected the ability of commercial banks to provide financing to large industrial firms. Consequently, the investment and growth of these firms may have been finance-constrained. This paper examines the ability of J.P. Morgan & Company to alleviate finance-constrained investment and growth for firms with which it became affiliated. The paper also studies the impact of the Clayton Antitrust Act on the investment and...

  6. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract l......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  7. Economic and institutional dynamics of electricity markets deregulation: the interaction between sectoral regulation and antitrust policy

    International Nuclear Information System (INIS)

    The purpose of this study is to define regulatory intervention as a part of a global monitoring procedure allowing the definition and adaptation of market structures and rules, given the observed behavior of market participants. Nevertheless, the possible inefficiency in its (decisional) coordination with competition authorities implies further analysis. We thus adopt a comparative methodology based on the studying PJM and NETA wholesale markets. This analysis enables us to stress two possible 'models' in the distribution and coordination of monitoring powers. The first one privileges a strong 'informational coordination' between the sectoral regulator and the Transmission System Operator. By contrast, the second model is characterized by a constrained informational coordination, leading to a greater 'decisional convergence' between regulatory intervention and antitrust policy. Lastly, we put these conclusions into perspective with the specific issue of the achievement of an efficient and integrated European market for electricity. In particular, we stress the need for a single regulatory agency, which should be given autonomous decisional powers in the adoption of regional markets reform initiatives (author)

  8. 反垄断法律责任制度的多维目标探讨%On Multidimensional Objectives of Anti-monopoly Law Liability System

    Institute of Scientific and Technical Information of China (English)

    丁国峰; 翟学凤

    2012-01-01

    Building antitrust law liability system should both respond to the value objectives of antitrust law and set up the objectives of the responsibility system.It can make accountability of monopolistic behavior more scientifically and reasonably performed within the ambitious framework,avoid power abuse of the law-executors,and ensure the effective and uniform implementation of anti-monopoly law.The objectives set by the liability regime of antitrust law have multidimensionality and extensiveness,specifically should create the objectives from the five aspects of system objectives,economic objectives,social objectives,political objectives and cultural objectives so as to ensure the coordination and effectiveness in the implementation of antitrust liability system.%构建反垄断法律责任制度应回应反垄断法的价值目标,还应设置责任制度自身的目标,使得垄断行为的责任追究更能在宏大的框架内科学合理地行使,避免执法者的权力滥用,保障反垄断法实施的有效统一。反垄断法律责任制度设置的目标具有多维性和广泛性,具体应从制度目标、经济目标、社会目标、政治目标和文化目标等五个方面进行创设,确保反垄断法律责任制度实施的协调性和有效性。

  9. Environmental law

    International Nuclear Information System (INIS)

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST)

  10. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law.......<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  11. Environmental law

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH)

  12. World law

    OpenAIRE

    Harold J. Berman; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  13. Limit laws for Zipf's law

    International Nuclear Information System (INIS)

    In this communication we establish stochastic limit laws leading from Zipf's law to Pareto's and Heaps' laws. We consider finite ensembles governed by Zipf's law and study their asymptotic statistics as the ensemble size tends to infinity. A Lorenz-curve analysis establishes three types of limit laws for the ensembles' statistical structure: 'communist', 'monarchic', and Paretian. Further considering a dynamic setting in which the ensembles grow stochastically in time, a functional central limit theorem analysis establishes a Gaussian approximation for the ensembles' stochastic growth. The Gaussian approximation provides a generalized and corrected formulation of Heaps' law. (fast track communication)

  14. Statute law or case law?

    OpenAIRE

    Anderlini, Luca; Felli, Leonardo; RIBONI, Alessandro

    2008-01-01

    In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the advantage of flexibility for Case Law is unavoidably paired with the potential for time-inconsistency. Under Case Law, Courts may be tempted to behave myopically and neglect ex-ante welfare because, ex-...

  15. Competition Law and the Nuclear Sector: An EU Outlook

    International Nuclear Information System (INIS)

    Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

  16. Energy Law

    International Nuclear Information System (INIS)

    The author is trying very hard to present a systematic and compact description of the energy law as a whole. For reasons metioned in the first chapter, the energy law confines itself to the law relating to energy supplied by means of pipelines and transmission lines. Energy law and the law relating supplied by means of pipelines are therefore synonyms. There is no special energy law except the one relating to energy supplied by means of pipelines. The book - intended to be read by experts and undergraduates - discusses the subject and systematics of energy law, energy control, price regulations for electricity supply industry and for the gas supply industry, the law relating to pipe-laying, licence fees and law on cartels, supply obligations of the electricity supply utilities, legal issues of energy supply contracts, liability for supply disruptions, the legal nature of public energy supply, planning law, the relating to plant licensing, atomic law, legal protection in plant licensing procedures, the current structure of industry supplying energy by means of pipelines and, finally, reform demands. (orig.)

  17. Environmental law

    International Nuclear Information System (INIS)

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST)

  18. law 575 courses / law575helpdotcom

    OpenAIRE

    law 575

    2015-01-01

    FOR MORE CLASSES VISIT www.law575help.com LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week 3 Formative Assessment, Learning Team Reflection LAW 575 Week 4 Reflect...

  19. 职业体育市场结构及其反垄断问题研究%Professional Sports Market Structure and Antitrust Issues

    Institute of Scientific and Technical Information of China (English)

    魏鹏娟

    2013-01-01

      针对我国职业体育市场的垄断态势,有必要将职业体育运动明确纳入反垄断法调整范围,明确职业体育反垄断法的基本原则和豁免尺度,加快职业体育管理体制改革。%In view of the monopoly situation of professional sports market, it is necessary to explicitly incorporate professional sports to antitrust adjustment range, clear the basic principles and exemption scale of professional sports antitrust and accelerate professional sports management system reform.

  20. Laws Editorial

    Directory of Open Access Journals (Sweden)

    Lawrence O. Gostin

    2011-05-01

    Full Text Available My life’s work has positioned me in two diverse worlds’ one in science and one in law [1]. I publish in both fields, and the traditions are very different. Law journals typically have narrow readerships, principally those in the legal academy. The law review tradition, particularly in North America, is student edited, non-peer reviewed, and characteristically long and detailed. Law libraries often spend large portions of their budgets on journal subscriptions, which they store in scarce space. [...

  1. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

    This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

  2. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  3. Nuclear Law

    International Nuclear Information System (INIS)

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA)

  4. Nuclear law

    International Nuclear Information System (INIS)

    Different laws on use of atomic energy for peaceful purposes in Bulgaria and Italy are given here: civil liability, nuclear safety, radiation protection, radioactive waste, nuclear facilities, decommissioning, health and environment protection. (N.C.)

  5. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  6. Secrets Law

    OpenAIRE

    Luz Helena Guamanzara Torres

    2013-01-01

    This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  7. LAW 531 Uop Material - law531dotcom

    OpenAIRE

    honey

    2015-01-01

    LAW 531 Entire Course For more course tutorials visit www.law531.com   LAW 531 Week 1 Quiz (Knowledge Check) LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis LAW 531 Week 2 Quiz (Knowledge Check) LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 2 Individual Business Forms Worksheet LAW 531 Week 2 Learning Team Reflection IRAC Brief LAW 531 Week 3 Quiz (Knowledge Check) ...

  8. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

    Full Text Available This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  9. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.)

  10. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP)

  11. Case law

    International Nuclear Information System (INIS)

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  12. Article 27 of Competition Law and What Lies Beneath

    Directory of Open Access Journals (Sweden)

    Perdana A. Saputro

    2011-09-01

    Full Text Available This article discuss about Article 27 of Law No. 5 Year 1999 on the Restriction of Monopoly Practices and Unfair Business Practices (“Competition Law”. One may wonder the rigorousness to the application of Article 27 which arguably could ban any merger which meets market test without conducting any competitive assessment. For this, the law has been presumed that the acquisition or controlling of large market share from merger is per se illegality. Further, the effects of Article 27 would be discussed in this paper. A merger review itself is not an easy task and tends to bring complex issues that one needs to be dealt with. Things get more complicated when one deals with the merger application in developing countries since there are various aspects that need to be taken account by the respective antitrust authority (including Indonesia Obviously, every country needs to set up its competition law in accordance with its own economic characteristics and conditions. Many have argued as to point out the severe condition in market as a result of high concentration of competition. But more of them argued otherwise, as it could positively pushed on the market. This article would also include best practices from US and EU competition law practices regarding the issue at hand, as well as the relationship of merger control and practices in developing countries. The article offers suggestion with regard to the current approach to Article 27 of the Competition Law and from EU and US best practice which could be used for the benefit of Indonesia’s competition law especially to the application of Article 27.

  13. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  14. Criminal law

    International Nuclear Information System (INIS)

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.)

  15. Enlightenment of Theodore Roosevelt' s Antitrust Policy%西奥多·罗斯福的反垄断政策分析与启示

    Institute of Scientific and Technical Information of China (English)

    徐恺

    2012-01-01

    当前,我国石油、金融、电信等行业存在突出的垄断现象及由垄断衍生的各种腐败行为,在一定程度上造成国民经济的扭曲和收入分配的不公,严重影响了经济发展,破坏了社会公平与正义。西奥多.罗斯福任期内的反托拉斯改革措施举世瞩目,并卓有成效。分析罗斯福的反垄断政策,借鉴其经验,对我国反垄断具有一定的意义。%Now the monopoly in China economy, such as the monopoly in the oil industry, banking, telecommunications and other industries, and the corruption caused by the monopoly, lead to economic distortions and income distribution injustice, and have bad impact on the economic development, social fairness and justice. Theodore Roosevelt, the twenty - sixth President of the United States, took antitrust reform measures which attract attention, and was very fruitful. Analyzing the Roosevelt' s antitrust policy is helpful to draw lessons from the reform of antim- onopoly.

  16. Case law

    International Nuclear Information System (INIS)

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  17. Nuclear law

    International Nuclear Information System (INIS)

    The preclusion of objections made a legal norm in Sect. 3 para. 1 of the Ordinance concerning the Procedure for Licensing Installations (Sect. 7 para 1 (2) of Procedural Rules under the Atomic Energy Law) does also cover the court proceedings. The non-availability for public inspection of detailed drawings of those parts of the building which are important for its safety is harmless if there is the danger that the publication of these technical details will provide technical information likely to facilitate potential acts of sabotage. Procedural rules must not be interpreted in such a way as to give rise to inconsistency between the aims of the procedure and the purpose of the conditions to be met before a licence under substantive law is granted. Taking the necessary preventive measures against potential acts of sabotage must not be complicated by the way in which the procedure is organized, and its efficiency must not be jeopardized. Lueneburg Supreme Administrative Court - 7 OVG B 88/77 - Decision of February 5, 1981. (orig.)

  18. Case law

    International Nuclear Information System (INIS)

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  19. Administrative Law: The Hidden Comparative Law Course.

    Science.gov (United States)

    Strauss, Peter L.

    1996-01-01

    Argues that the main contribution of the Administrative Law course to law students is that it presents problems which contrast with those of the standard court-centered curriculum and can illuminate other areas of law, repeatedly confronting students with doctrinal differences. Offers several examples from civil procedure, constitutional law, and…

  20. Case law

    International Nuclear Information System (INIS)

    This section of the Bulletin brings together the texts of the following case laws: Canada: - Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario. France : - Conseil d'etat, 24 March 2014 (Request No. 358882); - Conseil d'etat, 24 March 2014 (Request No. 362001). Slovak Republic: - Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; - Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. United States: - Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination

  1. Nuclear Law

    International Nuclear Information System (INIS)

    We find in this report two studies, one about the compensation regimes applicable to radiation workers in OECD countries, the second one about Tokai-mura accident (Japan): third party liability and compensation aspects. Then, come the case law and administrative decisions, national legislative and regulation activities, international regulatory activities, bilateral agreements, multilateral agreements. Among these different parts are to notice: judgement in the public civil action concerning the Goiania radiological accident (2000,Brazil), judgement of the Council of State confirming the definitive shut-down of Superphenix (2000, France), decision relative to the DOE 's obligation to accept spent nuclear fuel and high level radioactive wastes (HLRW) from nuclear power plants (NPPs) (2000, Usa), decision concerning the construction of a permanent repository for spent nuclear fuel (2000, Finland). (N.C.)

  2. Fundamentals of the power economy law. The liberalization of the power industry and gas industry. 3. ed.; Grundzuege des Energiewirtschaftsrechts. Die Liberalisierung der Strom- und Gaswirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Theobald, Christian [Sozietaet Becker Buettner Held, Berlin (Germany); Deutsche Univ. fuer Verwaltungswissenschaften, Speyer (Germany); Nill-Theobald, Christiane [TheobaldConsulting, Berlin (Germany)

    2013-11-01

    The authors show how the legal reform leading to the deregulation of the electricity and gas supply grids has created true freedom of choice for customers as well as a practicable means of managing grid access for energy suppliers. They address recent developments following from the energy turnaround as well CO{sub 2} emission regulations and trading. Ultimately all private and governmental players of the energy economy are affected. The present fully revised, richly illustrated third edition of this fundamental publication gives an introduction into the large body of already known as well as into new issues of energy economy law, including: fundamentals of the energy sector; key points of the energy turnaround; purchase and sale of electricity and gas; regulatory regime; unbundling; terms of governmental regulation; surveillance of the energy sector; anti-trust and competition law; issues of environmental protection and energy efficiency; renewable energies; cogeneration law; ecotax legislation; consumer protection; and emission trade.

  3. Case Law

    International Nuclear Information System (INIS)

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  4. Case law

    International Nuclear Information System (INIS)

    This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

  5. Case law

    International Nuclear Information System (INIS)

    This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

  6. Case Law

    International Nuclear Information System (INIS)

    This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident

  7. Recent publications on environmental law

    International Nuclear Information System (INIS)

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP)

  8. Case law

    International Nuclear Information System (INIS)

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  9. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This is a survey of the field of economic analysis of law, focusing on the work of economists. The survey covers the three central areas of civil law liability for accidents (tort law), property law, and contracts as well as the litigation process and public enforcement of law.

  10. Economic Analysis of Law

    OpenAIRE

    Louis Kaplow; Steven Shavell

    1999-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement and criminal law. It also briefly considers some criticisms of the economic analysis of law.

  11. Teaching Global Law.

    Science.gov (United States)

    Wojtan, Linda S.

    1980-01-01

    Addresses problem of American students' limited knowledge of international issues and laws. Provides articles for secondary school students on law around the world, South Africa, Russia, folk law, and alternatives to the adversary system and suggests relevant resources. (KC)

  12. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  13. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  14. Case law

    International Nuclear Information System (INIS)

    The first point concerns the judgement of the federal Administration Court on the standing of third parties regarding attacks at interim storage facilities (2008). In its judgement handed down on 10. april 2008, the german Federal Administrative Court overrules a decision of a Higher Regional Administrative Court and declares that residents in the vicinity of an interim storage facility may challenge the licence for that facility on the grounds that the necessary protection has not been provided against disruptive action or other interference by third parties. The second point concerns the judgement of the European Court of justice of a member State to fulfill obligations under directive 96/29 EURATOM (2007): the united kingdom imposed to intervene only if a situation of radioactive contamination results from a present or past activity for the exercise of which a licence was granted. The national legislation does not oblige the authorities to take measures in circumstances in which radioactive contamination results from a past practice which was not the subject of a such licence. The United Kingdom Government admitted the validity of the Commission claims adding that further legislation to transpose that article (article 53) into national laws is in the process of being drawn up. The third point is relative to judgement of the US court of Appeals on licensing of the L.E.S. uranium enrichment facility (2007), on appeal to the Federal Court of Appeals for the district of Columbia, the joint petitioners objected to the Nuclear regulatory Commission (NRC) issuing to the Louisiana Energy Services, L.P. (L.E.S.) Uranium enrichment Facility in New Mexico on several grounds: the NRC violated the Atomic Energy Act by supplementing the environmental impact statement after hearing closed; the NRC violated the National Environmental Policy Act by insufficiently analysing the environmental impact of depleted uranium waste from the L.E.S. facility; the NRC violated the Atomic

  15. AN UNPRECEDENTED LAW

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    On the eve of the 10th anniversary of Hong Kong’s return to China and the implementation of the Basic Law of the Hong Kong Special Administrative Region, Beijing Review reporter Li Li spoke to Professor Xu Chongde from the Law School of Renmin University of China, a Basic Law drafter, about how the law was created and its spirit.

  16. [Teaching about Family Law].

    Science.gov (United States)

    Ryan, John Paul, Ed.

    1992-01-01

    This issue of "Focus on Law Studies""contains a special emphasis on teaching about law and the family", in the form of the following three articles: "Teaching Family Law: Growing Pains and All" (Susan Frelich Appleton); "The Family Goes to Court: Including Law in a Sociological Perspective on the Family" (Mary Ann Lamanna); and Michael Grossberg's…

  17. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  18. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  19. Relativistic Hubble's law

    OpenAIRE

    Ko, Yongkyu

    2003-01-01

    Considering the hyperbolic nature of the universe, the Hubble's law and the inverse square laws such as, the Coulomb's law and Newton's gravitational law, should be modified in accordance with the special theory of relativity. Consequently there is no the Hubble's length, which might be the observable boundary of our universe, does not appear in point of view of the special theory of relativity, and the Newton's third law still hold in the special theory of relativity. Recent astronomical obs...

  20. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

    Full Text Available Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as did the novel concept of "international community", but did not suppress national relativism. A new law began to settle, then, with the progress of the integration process. Community laws have mechanisms to be applied, even when states would try to ignore them or to fulfill a relative way.

  1. Factorisations of distributive laws

    OpenAIRE

    Kraehmer, Ulrich; Slevin, Paul

    2014-01-01

    Recently, Boehm and Stefan constructed duplicial (paracyclic) objects from distributive laws between (co)monads. Here we define the category of factorisations of a distributive law, show that it acts on this construction, and give some explicit examples.

  2. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  3. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  4. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status. PMID:23262771

  5. Law of Demand

    OpenAIRE

    Michael Jerison; John K.-H. Quah

    2006-01-01

    We formulate several laws of individual and market demand and describe their relationship to neoclassical demand theory. The laws have implications for comparative statics and stability of competitive equilibrium. We survey results that offer interpretable sufficient conditions for the laws to hold and we refer to related empirical evidence. The laws for market demand are more likely to be satisfied if commodities are more substitutable. Certain kinds of heterogeneity across individuals make ...

  6. Theorising international environmental law

    OpenAIRE

    Humphreys, Stephen; Otomo, Yoriko

    2014-01-01

    From The Oxford Handbook of International Legal Theory (Florian Hoffmann and Anne Orford, eds, Oxford UP, forthcoming 2014). --- This paper, part of a larger work on international law theory, sketches some early lines of inquiry towards a theoretical understanding of international environmental law. As the body of international law regulating human interaction with the natural world, one might expect this branch of law to be a cornerstone of the international system. Yet in practice,...

  7. Behavioral Law and Economics

    OpenAIRE

    Christine Jolls

    2007-01-01

    Behavioral economics has been a growing force in many fields of applied economics, including public economics, labor economics, health economics, and law and economics. This paper describes and assesses the current state of behavioral law and economics. Law and economics had a critical (though underrecognized) early point of contact with behavioral economics through the foundational debate in both fields over the Coase theorem and the endowment effect. In law and economics today, both the end...

  8. Environmental protection law; Umweltschutzrecht

    Energy Technology Data Exchange (ETDEWEB)

    Kloepfer, M. [Humboldt-Universitaet, Berlin (Germany)

    2008-07-01

    The author of the book under consideration reports on the entire environmental protection law in a systematic survey. The book attaches great importance to the presentation of the legal fundaments, the European legal background, to the constitutional law and considers the ministerial draft bill to the environmental law book. The book under consideration is addressed to students of the law as well as junior lawyers. It is suitable for the preparation on the examination.

  9. Education on Environmental Law.

    Science.gov (United States)

    Cano, Guillermo J.

    1981-01-01

    Argues that environmental law, as part of legal science, should be taught at universities; discusses the development of environmental law and its relationship to other sciences; and proposes a framework for studying environmental law as a university course for study. (DC)

  10. Stochastic Conservation Laws?

    CERN Document Server

    Sidharth, B G

    1998-01-01

    We examine conservation laws, typically the conservation of linear momentum, in the light of a recent successful formulation of fermions as Kerr-Newman type Black Holes, which are created fluctuationally from a background Zero Point Field. We conclude that these conservation laws are to be taken in the spirit of thermodynamic laws.

  11. The Constitutional Law Sessions

    Science.gov (United States)

    White, Daniel O.

    1972-01-01

    Teachers, attorneys, and law educators met to evaluate 1971 workshops in law education and to plan improved learning experiences at future workshops. Coordination between substantive law sessions and teaching methodology sessions was cited as a major necessity. Teachers were encouraged to develop their own material. (JB)

  12. Henry's Law: A Retrospective

    Science.gov (United States)

    Rosenberg, Robert M.; Peticolas, Warner L.

    2004-01-01

    A retrospective view of Henry's law and its applicability in any specific system at a finite concentration is tested. It can be concluded that Henry's law is only a limiting law and is adequate at low mole fractions but is useful for practical purposes where high precision is not required.

  13. Law of Empires.

    Science.gov (United States)

    Martz, Carlton

    2001-01-01

    This issue of "Bill of Rights in Action" explores issues raised by empires and imperial law. The first article, "Clash of Empires: The Fight for North America," looks at the clash of empires and the fight for North America during the 18th century. The second article, "When Roman Law Ruled the Western World," examines Roman Law, which helped hold…

  14. European tax law

    NARCIS (Netherlands)

    B.J.M. Terra; P.J. Wattel

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  15. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  16. Basic Law and Atomic Energy Law

    International Nuclear Information System (INIS)

    The author avails himself of the by now controversial jurisdiction on partial licences issued for nuclear power plants to argue relevant provisions of the Basic Law and to include facts which are related to the Basic Law. This is also necessary for reasons of social policy, since such a juridicial decision produces an effect which spreads far beyond the litigants. In a constitutional state that has to stand the test in the conflict arising between human rights and technical progress, the controversy on basic rights has to form a part of the trial and of the opinion. There are two sides to the rule of law: The citizen's obligation not to use violence, and his right to be strictly protected by the Basic Law. (HSCH)

  17. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  18. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  19. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  20. Zipf's law, power laws and maximum entropy

    International Nuclear Information System (INIS)

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)

  1. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  2. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  3. Law and Medical Ethics

    OpenAIRE

    Frenkel, D A

    1984-01-01

    Summarising the interrelationship between law and medical ethics, I would say that in cases which do not touch the patient's body or integrity, such as professional secrecy, statutory law may take precedence over rules of medical ethics. But in cases where the human subject becomes a victim because of domestic statutory laws which are in contradiction with medical ethics, the medical practitioners should insist on adhering to their professional standards in such a way that the legislators wil...

  4. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  5. The Functions of Law

    OpenAIRE

    Green, L

    1998-01-01

    We often think of law as fulfilling certain social functions; for instance, it is said to guide behaviour, maintain order, settle disputes, and provide benefits and services. In the social sciences, more general claims are also made that law stabilizes the dominant mode of production, promotes economic efficiency, secures patriarchy, and so on. 1 What do these claims mean, and what do they contribute to our understanding of law as a social institution? Those are the questions I want to explor...

  6. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  7. On Newton's Third Law

    OpenAIRE

    Pinheiro, Mario J.

    2009-01-01

    The law of action-reaction is thoroughly used in textbooks to derive the conservation laws of linear and angular momentum, and it was considered by Ernst Mach the the cornerstone of physics. We give here a background survey of several questions raised by the action-reaction law, and in particular, the role of the physical vacuum is shown to provide an appropriate framework to clarify the occurrence of possible violations of the action-reaction law. It is also obtained an expression for the ge...

  8. Thinking law: thinking law in motion

    Directory of Open Access Journals (Sweden)

    Laura Beth Nielsen

    2014-07-01

    Full Text Available This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1 multiple methodologies; (2 multiple perspectives; (3 multiple vocalities; and (4 multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can claim credit. And yet, the attempt to put them together in a comprehensive schema with consideration for all four of the multiplicities in the same project, demonstrates that a law in motion perspective can bear new fruit. To do this, my article combines analysis of some of the research in Law & Society that exemplifies these trends and my own research on employment civil rights litigation to interrogate the necessity of a “multiple” approach for our “multiple futures.”

  9. Essay on nuclear law

    International Nuclear Information System (INIS)

    This book is divided in seven parts, covering international organizations in nuclear energy. agreements, nuclear laws and environment, national legislation program and Uruguayan legislation. The texts of the nuclear laws in Uruguay are reproduced, and several aspects on nuclear energy are discussed

  10. Social Studies: Law Education.

    Science.gov (United States)

    Curriculum Review, 1979

    1979-01-01

    Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

  11. Introduction to planning law

    International Nuclear Information System (INIS)

    The author surveys the planning law in the Federal Republic of Germany. He deals with general regulations of the administrative procedure and land-use planning procedure and the main special rules of planning law, according to the Atomic Energy Act, the Nuclear Installation Ordinance and the Federal Act on the Protection against Nuisances. (WG)

  12. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and prac

  13. Law before Gratian

    DEFF Research Database (Denmark)

    ' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors to...

  14. Nanotechnology and the Law

    Science.gov (United States)

    Desmoulin-Canselier, Sonia; Lacour, Stéphanie

    Law and nanotechnology form a vast subject. The aim here will be to examine them from the societal standpoint of nanoethics, if necessary without due reference to the work that has been undertaken. For while law differs from ethics, as we shall attempt to explain throughout this reflection, it must also be studied in its relationship with social realities.

  15. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  16. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  17. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school applicants has dropped from…

  18. Unilateralism in International Law

    DEFF Research Database (Denmark)

    Hartmann, Jacques

    2015-01-01

    international law. This note considers when and how a State or a regional organisation may legitimately take unilateral measures to protect the environment. The note will does not consider the legality of including foreign aircraft within the ETS, which has been dealt with elsewhere. Instead, it will focus on...... the legality and importance of unilateral acts for the development of international law....

  19. The nuclear law

    International Nuclear Information System (INIS)

    We find here a digest of nuclear law. From historical aspect to the different agencies such EURATOM, Iea, IAEA, in passing by the law of fuel cycle and the nuclear trade. The ideas of safety and major risks are also reviewed. (N.C.)

  20. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  1. Price abuse monitoring under paragraph 29 of the Law Against Restraints on Competition; Die Preismissbrauchskontrolle nach paragraph 29 GWB

    Energy Technology Data Exchange (ETDEWEB)

    Koleva, Raliza

    2013-08-01

    Written against the backdrop of criticism levelled at paragraph 29 of the Law Against Restraints on Competition (GWB) the present study undertakes a critical discussion of this legal norm along with questions and points of criticism that have been raised in its context in the literature and case law. It first addresses the central question as to whether paragraph 29 GWB conforms to the stipulations of European law and the German constitution. It then expounds the system behind paragraph 29 GWB, making a detailed examination of the individual elements of the offences covered by the regulation while giving thorough consideration to existing case law on instruments of price abuse monitoring that have been used to date under cartel law. A further focus of the present study is on the question as to what circumstances a supply company under suspicion of price abuse may claim in attempting to justify significant differences that have been found to exist between its own prices and those of a comparable company. This aspect is of great practical relevance in lawsuits concerning price abuse under cartel law, since the option of demonstrating justification is the most important line of approach for supply companies under suspicion of price abuse in attempting to fend off such allegations. Based on an analysis of past practice of the German Federal Cartel Office and the antitrust courts the author undertakes to determine a scale for assessing the costs which the responding supply company can claim in its defence. Finally she endeavours to methodologically capture the price limit concept, making proposals for its practical application with due consideration to the findings that have transpired from the study.

  2. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data...

  3. Laws of nature

    CERN Document Server

    Mittelstaedt, Peter

    2005-01-01

    The book is concerned with the laws of nature and in particular with the laws of physics. The authors discuss three important questions: First, whether the observed regularities are based on strict "laws of nature" that hold rigorously and without any exception. Second, what we call a "law of nature" is studied by comparing this concept with invariance principles, causality principles, teleological principles and means of predicting future events. Finally, on the basis of these investigations the authors treat the ambitious and intricate third question, why the laws of nature hold. Are there rational reasons for this largely unexplained phenomenon? This book addresses students as well as researchers. It will be an excellent reference for those interested in the philosophical foundations of the natural sciences.

  4. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  5. Child Labor Laws in Mississippi.

    Science.gov (United States)

    Robbins, Jerry H.

    Child labor laws have not attracted much attention in recent years. Much of the basic legislation and the case law dates from the early part of the 20th century. This paper discusses the Mississippi statutory law on the subject, compares that law with legislation in five other States, and discusses case law in Mississippi and in other States.…

  6. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  7. Ceteris Paribus Laws and Minutis Rectis Laws

    OpenAIRE

    Fenton-Glynn, L.

    2016-01-01

    Special science generalizations admit of exceptions. Among the class of non-exceptionless special sciencegeneralizations, I distinguish (what I will call) minutis rectis (mr) generalizations from the more familiarcategory of ceteris paribus (cp) generalizations. I argue that the challenges involved in showing that mrgeneralizations can play the law role are underappreciated, and quite different from those involved inshowing that cp generalizations can do so. I outline a strategy for meeting t...

  8. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross......-border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law....

  9. Anomalous law of cooling

    Energy Technology Data Exchange (ETDEWEB)

    Lapas, Luciano C., E-mail: luciano.lapas@unila.edu.br [Universidade Federal da Integração Latino-Americana, Caixa Postal 2067, 85867-970 Foz do Iguaçu, Paraná (Brazil); Ferreira, Rogelma M. S., E-mail: rogelma.maria@gmail.com [Centro de Ciências Exatas e Tecnológicas, Universidade Federal do Recôncavo da Bahia, 44380-000 Cruz das Almas, Bahia (Brazil); Rubí, J. Miguel, E-mail: mrubi@ub.edu [Departament de Física Fonamental, Facultat de Física, Universitat de Barcelona, Av. Diagonal 647, 08028 Barcelona (Spain); Oliveira, Fernando A., E-mail: fernando.oliveira@pq.cnpq.br [Instituto de Física and Centro Internacional de Física da Matéria Condensada, Universidade de Brasília, Caixa Postal 04513, 70919-970 Brasília, Distrito Federal (Brazil)

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  10. Law on Atomic Energy

    International Nuclear Information System (INIS)

    The Law defines the legislative foundation and concepts for peaceful uses of atomic energy in Vietnam. The Law, including 11 chapters, 93 articles and coming into force on the 1 Jan 2009, regulates utilization of atomic energy and assurance of safety and security. The Law contains issues: general provisions; measures to promote development and application of atomic energy for peaceful purposes; radiation safety, nuclear safety and security of radioactive sources, nuclear material and facilities; exploration, exploitation and processing radioactive ores; transportation, import and export of radioactive materials and nuclear equipment; atomic energy application services; declaration and licensing; response to radiation or nuclear incidents and compensation for damage caused by these incidents. (VAEC)

  11. Anomalous law of cooling

    International Nuclear Information System (INIS)

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton’s law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics

  12. Retrospectives: Say's Law

    OpenAIRE

    Baumol, William J.

    1999-01-01

    What is perhaps most curious about 'Say's law' is the continuing disagreement on its substance and to whom it should be credited. John Maynard Keynes summarized the law as 'supply creates its own demand' but it is now generally agreed that Keynes did not get it quite right. The author has been unable to ascertain who coined the term 'Say's law' but it appears to be a twentieth century appellation, preceding Keynes's use. John-Baptiste Say was certainly among the earlier writers to discuss the...

  13. Anomalous law of cooling

    Science.gov (United States)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  14. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  15. F-generation law and recognition of system law

    Institute of Scientific and Technical Information of China (English)

    Shi Kaiquan; Yao Bingxue

    2007-01-01

    If a system is not disturbed (or invaded) by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

  16. The LSU Law Center -- Canada Bijuralism Conference. Introduction: Global Law and the Law School Curriculum.

    Science.gov (United States)

    Costonis, John J.

    2002-01-01

    Introduces papers from a conference focused on the bijural programs of Louisiana State University Law Center and McGill University Faculty of Law. The programs educate all first-degree law students in both the common law and civil law traditions, preparing them for the increasing globalization of legal practice. (EV)

  17. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  18. Teaching Criminal Law.

    Science.gov (United States)

    Levin, Sandy

    1989-01-01

    Presents learning activities and resources for teaching senior level criminal law courses. Topics covered include arrest, search and seizure, bail, trial procedures, sentencing, and prisons. Objective is to encourage students to address societal issues. (LS)

  19. Law and technology

    International Nuclear Information System (INIS)

    The book presents the lectures and discussions of a symposium held in November 1984. The main themes of the lectures deal with the legal regulations for technological subjects, and their effects on the economy and society. Some papers discuss the legal provisions of this kind within the German law system, summarizing the regulations in force, and critically evaluating their efficiency. Others investigate the potentials and constraints of efforts towards harmonizing the variety of indefinite legal terms or concepts in the legal regulations of technological safety, and the problems created by such indefinite legal concepts with regard to constitutional law and legislation, or application of the law. Another main subject is the question of how technical safety regulations can be made more concrete, or the European law and its relevant regulations concerning technological subjects. Separate subject analyses of four papers have been made for the database. (HSCH)

  20. Law Enforcement Plan

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — The Union Slough National Wildlife Refuge Law Enforcement Plan clarifies U.S. Fish and Wildlife enforcement policies as they apply to the Refuge. It provides...

  1. Law And Economics In Germany

    OpenAIRE

    Kirstein, Roland

    1997-01-01

    Law and economics in Germany was dominated by regulation, competition, and ?German Ordnungspolitik? until the early 1970s. Since then, German scholars have published a broad body of work in German and in the English language, covering fields like contract law, environmental law, labor law, public law, bankruptcy law, constitutional economics and legal procedure. Also in the 1970s, teaching activities were started at German universities. In addition to this, several (bi)annual conferences on l...

  2. Artificial Inteligence and Law

    OpenAIRE

    Fuková, Kateřina

    2012-01-01

    Submitted diploma work Artificial Intelligence and Law deals with the rule of law and its position in the process of new advanced technologies in computer cybernetics and further scientific disciplines related with artificial intelligence and its creation. The first part of the work introduces the history of the first imagines about artificial intelligence and concerns with its birth. This chapter presents main theoretical knowledge and hypotheses defined artificial intelligence and progre...

  3. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of Morals, of the obligation of citizens of a state to subject themselves unconditionally to the sovereign in power, must be seen in connection with his earlier moral writings in order to maintain a proper Kantian conception of the relation between legality and morality. To this end, Kant's use of...... moral law. In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  4. Law and individuality

    OpenAIRE

    D.F.M. Strauss

    2007-01-01

    The main contours of the history of philosophical and scientific conceptions of law and individuality are portrayed. This includes an account of perspectives and views found in ancient Greece, the Graeco-Roman world, the medieval speculation and, via the Renaissance, in early modern developments that were continued in the Enlightenment era, in Romanticism and historicism, and were eventually manifested in the linguistic turn. What is important for a proper understanding of modern law concepti...

  5. Conventional Constitutional Law

    OpenAIRE

    2015-01-01

    Judges share conventional understandings about what the Constitution requires, both of themselves and of other constitutional actors. These informal conventions lead to formal decisions, which are then centrally enforced by the state in the same manner as all other judicial decisions. This recognition of conventional constitutional law has three critical implications for our understanding, critique and reform of constitutional law. First, it is unlikely that judges will refer e...

  6. Free Bessel laws

    OpenAIRE

    Banica, Teodor; Belinschi, Serban; Capitaine, Mireille; Collins, Benoit

    2007-01-01

    We introduce and study a remarkable family of real probability measures $\\pi_{st}$, that we call free Bessel laws. These are related to the free Poisson law $\\pi$ via the formulae $\\pi_{s1}=\\pi^{\\boxtimes s}$ and $\\pi_{1t}=\\pi^{\\boxplus t}$. Our study includes: definition and basic properties, analytic aspects (supports, atoms, densities), combinatorial aspects (functional transforms, moments, partitions), and a discussion of the relation with random matrices and quantum groups.

  7. The rule of law

    OpenAIRE

    Besnik Murati; Elmi Morina

    2015-01-01

    The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment...

  8. Environmental Law Survey 2013

    OpenAIRE

    2014-01-01

    Within the EGP Project “The Capacity Building of Environmental Justice and Guarding Environmental Rights in Western China”, the scholars of the University of Bologna, partner of the China University of Political Science and Law (CUPL) and its Center for Legal Assistance to Pollution Victims (CLAPV), have worked on an Environmental Law Survey so as to provide to the interested public –in particular, Chinese judges, lawyers, academics, and civil society as a whole – with the most interesting an...

  9. Constitutionalization of Peruvian Law

    Directory of Open Access Journals (Sweden)

    César Landa

    2013-12-01

    Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

  10. Environmental Law Survey 2014

    OpenAIRE

    2014-01-01

    Within the EGP Project “The Capacity Building of Environmental Justice and Guarding Environmental Rights in Western China”, the scholars of the University of Bologna, partner of the China University of Political Science and Law (CUPL) and its Center for Legal Assistance to Pollution Victims (CLAPV), have worked on an Environmental Law Survey so as to provide to the interested public – in particular, Chinese judges, lawyers, academics, and civil society as a whole – with the most interesting a...

  11. Modernizing Italy's Bankruptcy Law

    OpenAIRE

    Vietti, Michele

    2007-01-01

    Reforming bankruptcy laws is difficult for many reasons. First of all, attitudes in Italy toward bankruptcy make it a difficult subject to generate support for. Secondly, bankruptcy reforms are complex and lengthy. They require changes not only to the bankruptcy law but also to other important parts of the legal framework, such as the codes of civil procedures and, in the case of Italy, the ...

  12. GENERAL PRINCIPLES OF LAW

    Directory of Open Access Journals (Sweden)

    Elena ANGHEL

    2016-05-01

    Full Text Available According to Professor Djuvara “law can be a science, and legal knowledge can also become science when, referring to a number as large as possible of acts of those covered by law, sorts and connects them by their essential characters upon legal concepts or principles which are universally valid, just like the laws of nature”. The general principles of law take a privileged place in the positive legal order and represent the foundation of any legal construction. The essence of the legal principles resides in their generality. In respect of the term “general”, Franck Moderne raised the question on the degree of generality used in order to define a principle as being general – at the level of an institution, of a branch of the law or at the level of the entire legal order. The purpose of this study is to find out the characteristics of law principles. In our opinion, four characteristics can be mentioned.

  13. 77 FR 38831 - Antitrust Division

    Science.gov (United States)

    2012-06-29

    ...--Bluetooth Sig, Inc. Notice is hereby given that, on May 30, 2012, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (``the Act''), Bluetooth SIG, Inc. has... the Delaware non-stock, non-profit standards development organization is Bluetooth SIG, Inc.,...

  14. A Law and Economics View on Harmonization of Procedural Law

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2010-01-01

    textabstractAbstract Even though there exists an extensive Law and Economics literature on the topics of procedural law and harmonization of law, very little has been written on harmonization of procedural law as such. In this paper I first provide a brief overview of the economic approach to legal

  15. Handbook on nuclear law

    International Nuclear Information System (INIS)

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  16. Handbook on nuclear law

    International Nuclear Information System (INIS)

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

  17. A new German law

    International Nuclear Information System (INIS)

    A new law about the production of electricity came into effect last april in Germany. A renewable energy expert presents this law and its consequences to the electricity market. The previous EFL (electricity feed-in law, 1991) has greatly contributed to the development of wind energy during the last decade but a new law was necessary to comply with European regulations about free electricity market and with European Commission 's aim of doubling the contribution of renewable energies to the European energy balance by 2010. This law sets the purchase prices of electricity by delivery companies according to the renewable energy (wind, photovoltaic,biomass, biogas, mine gas and geothermal) and a compensation system has been thoroughly elaborated. At the end the customer will have to pay the bill but the price is reasonable, the extra-cost is expected to be somewhere between 35 and 70 French francs a year for each electricity consumer but with the perspective of a doubling of the contribution of renewable energies to the German electricity market between 1995 and 2010. (A.C.)

  18. Environmental Law or Environmental Protection Law? A Comparative Legal Analysis

    OpenAIRE

    Rakoczy, Bartosz

    2013-01-01

    The problem of environmental law and environmental protection law is not only a terminology issue. Using either of the two terms, the lawmaker reveals its vision of regulating environmental issues in the system of law. In environmental protection law the protective nature of a legal norm is emphasized, and at the same time the control and supervisory powers of public administration authorities are increased. In the case of environmental protection law the confrontation element is in the foreg...

  19. Nurturing Respect for the Law.

    Science.gov (United States)

    Ioffe, M. G.

    1978-01-01

    Describes the content and methodology of elective courses which expand Soviet student's understanding of the Soviet state and the courts, the structure of power, and the basic rights and duties of the citizen. Courses in labor law, love and family law, criminal law, and constitutional law expand the current social studies curriculum. (KC)

  20. Towards a European contract law

    NARCIS (Netherlands)

    Hondius, E.H.

    2000-01-01

    I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII. The Const

  1. Online Law Dictionaries

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2012-01-01

    Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English as the...... English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs by...... containing the types of data that can best satisfy the needs of students at the three stages of legal text production: draft writing, revising and editing. The theoretical aspects discussed are supported by examples from the online CISG Dictionary, which is a lexicographic tool developed to help Danish law...

  2. Technical rules in law

    International Nuclear Information System (INIS)

    An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself. (orig.)

  3. EU Food Health Law

    DEFF Research Database (Denmark)

    Edinger, Wieke Willemijn Huizing

    This thesis shows that the distinction between food safety and non-safety issues in Regulation (EC) No 178/2002, the General Food Law (GFL), results in a grey area of regulation. This grey area comprises foods that do not pose a food safety risk in a legal sense, but that could pose a threat to...... adoption of harmonising measures that could facilitate a better consumer protection from non-safety health risks at the EU level. The EU legislature should use this legislative competence to fill in the regulatory grey area. Two possible ways forward to better integrate food health into the EU food law...

  4. Transport and conservation laws

    OpenAIRE

    Zotos, X.; F. Naef; Prelovsek, P.

    1996-01-01

    We study the lowest order conservation laws in one-dimensional (1D) integrable quantum many-body models (IQM) as the Heisenberg spin 1/2 chain, the Hubbard and t-J model. We show that the energy current is closely related to the first conservation law in these models and therefore the thermal transport coefficients are anomalous. Using an inequality on the time decay of current correlations we show how the existence of conserved quantities implies a finite charge stiffness (weight of the zero...

  5. Free movement of companies under company law, tax law and EU law

    DEFF Research Database (Denmark)

    Neville, Mette; Sørensen, Karsten Engsig

    2001-01-01

    Free movement of companies whereby they either transfers their de facto head office or their registered office from one member state to another is regulated by both company law, tax law and EU law. The interplay between these areas of law are analysed to determine whether such transfers are posible....

  6. Systematization of Financial Law – Tax Law as a Branch of Law?

    OpenAIRE

    Czudek Damian

    2015-01-01

    This contribution deals with the question of place of the fax law in the system of financial law. The author shows and analyses different point of views of authors in the Central European region at the problem of systematization of financial law. "This is a targeted publication on the one topic (Financial Law). It has been requested for inclusion in WOS."

  7. Environmental Law II.

    Science.gov (United States)

    Continuing Legal Education in Colorado, Inc., Denver.

    Presented are papers delivered at a 1976 Colorado environmental law conference. Included in the publication are the conference schedule, the text of nine papers, background information on authors, and bibliography listings for each paper. Titles and topics of the papers are the following: (1) Water Resources Development and the Environment…

  8. Nuclear law in progress

    International Nuclear Information System (INIS)

    The 21. AIDN / INLA Congress was organized by the International Nuclear Law Association, in Buenos Aires, between the October 20 and 23, 2014. In this event, were presented almost 50 papers about these subjects: radioactive sources, safety and licensing, radioactive waste management, radiation protection, nuclear transport, security and non-proliferation, nuclear liability and insurance, etc.

  9. Energy and Environmental Law

    International Nuclear Information System (INIS)

    The importance of a comprehensive, efficient and safe electric power supply is beyond question. The energy issue represents, particularly in Europe which is poor in natural resources, one of the central challenges of this young century. It undoubtedly has to be solved, but not independent of other geopolitical challenges like especially environmental problems. In view of ongoing climate change, melting ice caps and expansion of desert areas , an energy policy can not be operated (any more) without regard to environmental law aspects. Based on the available network of the different jurisdictions and the increasing number of environmentally relevant energy standards an integrative approach is obvious. Even in the development of the electricity industry it can be seen that the trend in Europe is characterized by a growing environmental awareness. Accompanying this, the liberalization of energy markets and the growing demand in the energy sector led to a realignment of the global energy market. At union legal level the development of an independent environmental law took place in the recent years. Be it the Alpine Convention, Natura 2000 or the Water Framework Directive: all are detached from a purely economic point of view and concerned with the protection of the environment. The claim for the future is a sustainable energy supply. This paper attempts to present a comprehensive system of energy environmental law. The guiding question was therefore the question of whether or to what extent there is a coherent system of energy environmental law. (Kancsar)

  10. Introduction to environmental law

    International Nuclear Information System (INIS)

    The author outlines the environmental law in the Federal Republic of Germany and surveys the main legal regulations in the field of environmental protection. Inter alia he deals with problems of installations subject to permission and with legal questions of transfrontier environmental pollution and of compensation according to sec. 38 Atomic Energy Act. (WG)

  11. Panarchy and the Law

    Directory of Open Access Journals (Sweden)

    J. B. Ruhl

    2012-09-01

    Full Text Available Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive natural and social systems demands an active adaptive management regime that eschews optimization approaches that seek stability. This is a new approach to resources management, and yet no new theory of how to do things in environmental and natural resources management, particularly one challenging entrenched ways of doing things and the interests aligned around them, is likely to gain traction in practice if it cannot gain traction in the form of endorsement and implementation through specific laws and regulations. At some point, that bridge must be crossed or the enterprise of putting panarchy theory into panarchy practice will stall. Any effort to operationalize panarchy theory through law thus comes up against the mission of law to provide social stability and the nature of law itself as a complex adaptive system. To state the problem in another way, putting panarchy theory into practice will require adaptively managing the complex adaptive legal system to adaptively manage other complex adaptive natural and social systems, all in a way that maintains some level of social order. Panarchy theorists have yet to develop an agenda for doing so. It is time for lawyers to join the team.

  12. Law and individuality

    Directory of Open Access Journals (Sweden)

    D.F.M. Strauss

    2007-07-01

    Full Text Available The main contours of the history of philosophical and scientific conceptions of law and individuality are portrayed. This includes an account of perspectives and views found in ancient Greece, the Graeco-Roman world, the medieval speculation and, via the Renaissance, in early modern developments that were continued in the Enlightenment era, in Romanticism and historicism, and were eventually manifested in the linguistic turn. What is important for a proper understanding of modern law conceptions is an acknowledgement of the all-pervading influence of modern nominalism. This orientation was characterised by employing two related distinctions, namely the distinction between conceptual knowledge and concept-transcending knowledge, and that between rationalism and irrationalism. From a systematic point of view, various aspectual terms provide a frame of reference for the idea of a law of nature as a compound basic concept of science. Special attention is given to the nature of normative principles and physical laws. In the last part of the article, these perspectives are applied to a brief assessment of differences and similarities in the thought of Dooyeweerd and Vollenhoven.

  13. Constitutionalization of environmental law

    Directory of Open Access Journals (Sweden)

    Luis Huerta Guerrero

    2013-12-01

    Full Text Available This article analyzes how Environmental Law can take intoconsideration some of fundamental rights study categories, by a constitutional point of view, particularly the right to a balanced and appropriate environment recognized in article 2, paragraph 22 of the 1993 Peruvian Constitution in order to develop policies oriented to implementation of constitutional legal status for environment rights and property.

  14. Constitutional Law--Elective.

    Science.gov (United States)

    Gallagher, Joan; Wood, Robert J.

    The elective unit on Constitutional Law is intended for 11th and 12th grade students. The unit is designed around major course goals which are to develop those concepts whereby students recognize and understand the following three topic areas: 1) Role of the Federal Judicial Branch of Government, 2) Supreme Court Cases Involving the Three Branches…

  15. International institutional law

    CERN Document Server

    Schermers, Henry G

    1972-01-01

    In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

  16. Law and the Consumer.

    Science.gov (United States)

    Idleman, Hillis K.

    One of eleven modules developed for secondary school consumer education, this document emphasizes the need of the consumer, especially the disadvantaged consumer, to understand the law and the protection it can offer. The material is presented in three columns: understandings (usually formulated as questions followed by commentary), suggested…

  17. Protective Policy Laws.

    Science.gov (United States)

    Gehrin, Donald D.

    1994-01-01

    Offers ways to help student affairs administrators understand protective policy laws and regulations. Looks at how such federal guidelines affect campus policies, practices, and procedures. Examines the Buckley Amendment, student consumer information, student right-to-know, campus security, and the Drug Free Schools and Communities Act. (Includes…

  18. Nanoplasmonics beyond Ohm's law

    DEFF Research Database (Denmark)

    Mortensen, N. Asger; Toscano, Giuseppe; Raza, Søren;

    2012-01-01

    -of-motion that goes beyond the common local-response approximation and use of Ohm's law as the central constitutive equation. The electron gas is treated within a semi-classical hydrodynamic model with the emergence of a new intrinsic length scale. We briefly review the new governing wave equations and give examples...

  19. Modification of Fick's law

    International Nuclear Information System (INIS)

    In the presence of long-time memory effects, Fick's law must be modified by replacing the diffusion coefficient by a convolution over time of the velocity autocorrelation function. This leads to a convergent Chapman-Enskog expansion in a fluid provided the proper reference frame is taken in the presence of hydrodynamic motion

  20. Demonstrating Newton's Second Law.

    Science.gov (United States)

    Fricker, H. S.

    1994-01-01

    Describes an apparatus for demonstrating the second law of motion. Provides sample data and discusses the merits of this method over traditional methods of supplying a constant force. The method produces empirical best-fit lines which convincingly demonstrate that for a fixed mass, acceleration is proportional to force. (DDR)

  1. Law... For what?

    Directory of Open Access Journals (Sweden)

    Rodrigo Merino Barros

    2012-12-01

    Full Text Available This paper provides an overview of the work “El Derecho... ¿para qué?” of Jaime Baquero de la Calle. The overview analyzes the sources, the type of documents and examples that are used in it. Includes an explanation of the structure of the document, emphasizing the utility that provides this publication for students of law.

  2. Evolution and the Law

    Science.gov (United States)

    Mayer, William V.

    1973-01-01

    Some court cases and legislative bills have been filed in states to legalize the use of the creationist view (of life forms on earth) in biology textbooks superseding the organic theory of evolution. The law has not yet accepted the religious viewpoint. (PS)

  3. [Epilepsy and Canon Law].

    Science.gov (United States)

    Bonduelle, M

    1987-01-01

    The Canon Law (Codex Iuris Canonici), promulgated in 1917, was a classification of laws and jurisprudence which ruled the early Church, governed the ecclesiastical condition of Roman Church until its reorganisation in 1983. It forbade to be ordained or to exercise orders already received to "those who are or were epileptics either not quite in their right mind or possessed by the Evil One". All the context and in particular the paragraph which treated of bodily lacks, indicated that between these three conditions, there was juxtaposition and no confusion. The texts specified the foundations of these dispositions, not in a malefic view of epilepsy inherited from Morbus Sacer of Antiquity, but in decency and on account of risk incured by Eucharist in case of fit. Some derogations could attenuate the severity of these dispositions--as jurisprudence had taken progresses of Epileptology and therapeutics into consideration. In the new Code of Canon Law (1983) physical disabilities were removed from the text and also possessed evil and epilepsy, the only impediment being "insanity or other psychic defect" appreciation of which is done by experts. Concerning poorly controlled epilepsies, we believe that experts will be allowed to express their opinion and a new jurisprudence will make up for the silence of the law. PMID:3310183

  4. Environmental law. 3. rev. ed.

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.)

  5. Discrete power law with exponential cutoff and Lotka's Law

    CERN Document Server

    Smolinsky, Lawrence

    2015-01-01

    The first bibliometric law appeared in Alfred J. Lotka's 1926 examination of author productivity in chemistry and physics. The result is that the productivity distribution is thought to be described by a power law. In this paper, Lotka's original data on author productivity in chemistry is reconsidered by comparing the fit of the data to both a discrete power law and a discrete power law with exponential cutoff.

  6. LAW 575 UOP Course Tutorial/Tutorialrank

    OpenAIRE

    badhrinara

    2015-01-01

    For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 5 Times, Rating: A     LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week...

  7. LAW 575 UOP Course Tutorial/ Tutorialrank

    OpenAIRE

    john

    2015-01-01

    For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 5 Times, Rating: A     LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week...

  8. LAW 575 UOP Course Tutorial / Tutorialoutlet

    OpenAIRE

    roster

    2015-01-01

    For more course tutorials visit www.tutorialoutlet.com   LAW 575 Week 1 Discussion Questions LAW 575 Week 1 DQ 1 LAW 575 Week 1 DQ 2 LAW 575 Week 1 DQ 3 LAW 575 Week 2 LT Reflection Formative Assesement LAW 575 Week 2 DQ 1 LAW 575 Week 2 DQ 2 LAW 575 Week 2 DQ 3 LAW 575 Week 2 Business Organization and ADR LAW 575 Week 3 DQ 1 LAW 575 Week 3 DQ 2 LAW 575 Week 3 DQ 3 LAW 575 Week 3 Formative Assessment, Learning Team Reflection ...

  9. Vermont Law School's Unique Master of Studies in Environmental Law.

    Science.gov (United States)

    Suagee, Dean B.

    2003-01-01

    Vermont Law School offers a 1-year master of studies in environmental law for which the only prerequisite is a bachelor's degree. A fellowship program waives tuition and provides stipends for American Indians taking the program. Courses on federal Indian law complement the program. The Native community at nearby Dartmouth College provides social…

  10. The criminal law responsibility of officials under environmental criminal law

    International Nuclear Information System (INIS)

    The legal application of environmental criminal law has attributed to office-bearers of the environmental administration a determining function in the field of criminal protection of legal objects. Criminal law shall prevent the misuse of official authority. In this connection law has to observe the limits of admissible procedure of the administration. (CW)

  11. Teaching "Law and Education" Outside the Law School.

    Science.gov (United States)

    Simpson, Robert J., Ed.

    A symposium discussion is presented on the topic, "Teaching 'Law and Education' Outside the Law School." The participants were: Walter J. McCann of Harvard Graduate School of Education; E. Edmund Reutter, Jr., of Teachers College of Columbia University; Robert J. Simpson of University of Miami Center for Policy and Law in Education; Tyll Van Geel…

  12. The Teaching of Constitutional Law in American Law Schools.

    Science.gov (United States)

    Haimbaugh, George D., Jr.

    1981-01-01

    A survey of the teaching of constitutional law used questionnaires sent to the dean of every law school approved by the Association of American Law Schools or the American Bar Association. Responses describe the basic course, advanced courses and seminars, teachers, goals, and examinations. (MLW)

  13. Law Behind Second Law of Thermodynamics --Unification with Cosmology--

    OpenAIRE

    Nielsen, Holger B.; Ninomiya, Masao

    2006-01-01

    In an abstract setting of a general classical mechanical system as a model for the universe we set up a general formalism for a law behind the second law of thermodynamics, i.e. really for "initial conditions". We propose a unification with the other laws by requiring similar symmetry and locality properties.

  14. European Asylum Law : and its Relation to International Law

    NARCIS (Netherlands)

    Battjes, H.

    2006-01-01

    In Chapter 1 I introduce the question of enquiry, the relation between Community and international law on asylum. Further, I sketch the content of the Refugee Convention, other relevant international law, the historical background of current Community asylum law (i.e. the asylum acquis from before 2

  15. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    -trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable......Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a...... detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system. Coverage of criminal procedure focuses on the organization of investigations, pre...

  16. Behavioral Law & Economics

    OpenAIRE

    Tomasz Nieborak

    2012-01-01

    Issues concerning the regulation aspects of financial markets are not simple. One of the reasons for this is that a great number of detailed factors have an effect, for example, the trust of the consumers of financial services or their behavior. The paper analyses the most important of them, and issues related to them, from a legal point of view, with the main objective of presenting the basic assumptions of the behavioral Law & Economics theorem. Dynamic development of financial markets and ...

  17. Corporate Law's Limits.

    OpenAIRE

    Roe, Mark J.

    2002-01-01

    A strong theory has emerged that the quality of corporate law in protecting distant shareholders primarily determines whether ownership and control separate. The theory helps to convincingly explain why separation is weak in transition and developing nations. But in several rich nations, although legal structures as measured protect shareholders well, separation is shallow. Something else has impeded separation. Separation should be narrow if shareholders face high managerial agency costs if ...

  18. Public Enforcement of Law

    OpenAIRE

    A. Mitchell Polinsky; Steven Shavell

    2006-01-01

    This entry for the forthcoming The New Palgrave Dictionary of Economics (Second Edition) surveys the economic analysis of public enforcement of law — the use of public agents (inspectors, tax auditors, police, prosecutors) to detect and to sanction violators of legal rules. We first discuss the basic elements of the theory: the probability of imposition of sanctions, the magnitude and form of sanctions (fines, imprisonment), and the rule of liability. We then examine a variety of extensions, ...

  19. Form of growth law

    OpenAIRE

    Tringelová M.

    2007-01-01

    Our aim in future is to computer simulate the mechanical stimulated postnatal heart development (normal growth, heart hypertrophy, etc.). We are now interested in the study of the form of growth law [1], which we could use for the simulation. We follow the theory of volumetric growth in [1]. This theory is based on the theory of generalized continuum [2] and describes the volumetric growth of tissue from macroscopic point of view.

  20. Labor Law Renewal

    OpenAIRE

    Sachs, Benjamin Ian

    2007-01-01

    This essay challenges the conventional wisdom that American labor law has reached a dead end. I argue that the dysfunctionality of the National Labor Relations Act has led not to "ossification" - as many believe - but to a hydraulic effect: unable to find an outlet through the NLRA, the continuing demand for collective action has forced open alternative legal channels. The essay outlines three examples to illustrate these emerging trends. The first involves the ability of several thousand ...

  1. The generalized distributive law

    OpenAIRE

    Aji, Srinivas M.; McEliece, Robert J.

    2000-01-01

    We discuss a general message passing algorithm, which we call the generalized distributive law (GDL). The GDL is a synthesis of the work of many authors in information theory, digital communications, signal processing, statistics, and artificial intelligence. It includes as special cases the Baum-Welch algorithm, the fast Fourier transform (FFT) on any finite Abelian group, the Gallager-Tanner-Wiberg decoding algorithm, Viterbi's algorithm, the BCJR algorithm, Pearl's “belief propagation” alg...

  2. Form of growth law

    Directory of Open Access Journals (Sweden)

    Tringelová M.

    2007-11-01

    Full Text Available Our aim in future is to computer simulate the mechanical stimulated postnatal heart development (normal growth, heart hypertrophy, etc.. We are now interested in the study of the form of growth law [1], which we could use for the simulation. We follow the theory of volumetric growth in [1]. This theory is based on the theory of generalized continuum [2] and describes the volumetric growth of tissue from macroscopic point of view.

  3. [Abortion law in Italy].

    Science.gov (United States)

    Havránek, F

    1979-04-01

    On May 28, 1978, the Italian senate passed a law legalizing abortions. The law, passed against the will of the Christian Democrat party and the Vatican, is the most liberal in Western Europe. Any woman 18 or older is free to seek an abortion at a private or public institution during the first 90 days of pregnancy. Abortions can be sought on health, economic, social, family, or psychological grounds. A woman requests an abortion at a hospital or clinic, or from a physician. If termination is deemed urgent, the procedure may be performed immediately. If a request is denied, a woman may make another request 7 days later. Second trimester abortions are permitted only if grave danger to the woman or deformation of the fetus is suspected. Women under 18 meed the permission of their parents or legal guardians; a court may also grant permission. Passage of the law has facilitated open debate on the legal and medical aspects of abortion. It has also guaranteed women access to abortions. Physicians, who on grounds of conscience feel they can't perform abortions, may register to be exempt from having to perform them. They may not, however, deny a woman care before and after her abortion, and if they perform the procedure even once, their name is removed from the exempt register. Additionally, all physicians are bound to attempt to preserve the life of all women as well as any fetus which shows life outside the womb. PMID:445601

  4. Sovereignty in International Law

    Directory of Open Access Journals (Sweden)

    Jana MAFTEI

    2015-03-01

    Full Text Available We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life. We have analyzed the evolution of the concept of sovereignty and we have identified the causes that led to changes in its characteristics, in order to predict the tendencies in its development. We have highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the favor of international bodies. In preparing this article we have used as research methods the analysis of the problems generated by mentioned subject with reference to the doctrinal views expressed in specialized papers, documentary research, and interpretation of legal norms in the field.

  5. Sexuality and the law.

    Science.gov (United States)

    Portelli, C J

    1998-01-01

    Federal, state, and local laws in the US now govern almost every aspect of sexuality. This includes sexuality at the workplace, sexuality education, adolescent sexuality, access to sexuality information and sexually explicit materials, sexual orientation, and sexually transmitted disease(STD)/HIV transmission. Almost 33% of the US Supreme Court's docket this past term concerned sexuality issues. In contrast to 50 years ago, when sexuality law was confined to the criminal arena, contemporary "sex crimes" primarily relate to nonconsensual and exploitative behaviors. It is time for lawmakers, judges, lawyers, policy analysts, lobbyists, and advocates to realize they cannot legislate or litigate how, when, or why people fall in love. Rather, the role of the law should be to create and preserve models of justice and equality that seek to preserve one's individual rights to privacy and freedom to choose in matters related to one's sexuality. This includes free access to age-appropriate sexuality information, the right to marriage and children regardless of sexual orientation, comprehensive sexuality education that encompasses information about avoiding unwanted pregnancies and HIV/STDs, access to contraception and abortion, protection from sexually abusive or exploitative relationships, and access to sexual health care. PMID:12295182

  6. Turning around Newton's Second Law

    Science.gov (United States)

    Goff, John Eric

    2004-01-01

    Conceptual and quantitative difficulties surrounding Newton's second law often arise among introductory physics students. Simply turning around how one expresses Newton's second law may assist students in their understanding of a deceptively simple-looking equation.

  7. Henry's Law and Noisy Knuckles.

    Science.gov (United States)

    Kimbrough, Doris R.

    1999-01-01

    Discusses Henry's Law which describes the relationship between the pressure of gas and the concentration of that gas in a solution. Presents an application of Henry's Law to the cracking of knuckles. (CCM)

  8. Law and technology security standard

    OpenAIRE

    Kitahara, Munenori

    2012-01-01

    The author will deal with the relationship between law and technology from the viewpoint of technology security standard. One of the relationships can be found in that law has been providing a security level of technology. They have been saying that law would often follow technology. Law is too slow to adapt the changing technology through the advancement of technology. Above all, information technology has an electronic rapidity and a legislation technology has a paper one. There might be a ...

  9. Law and Investment in Africa

    OpenAIRE

    Simplice A, Asongu

    2011-01-01

    Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

  10. Choice of Law: New Foundations

    OpenAIRE

    Guzman, Andrew

    2000-01-01

    This Article develops a new approach to choice of law. Founded on economic principles rather than the notions of sovereignty that are typically used by choice of law scholars, it seeks to build new foundations for choice of law scholarship. The analysis in the Article makes it possible to discuss alternative choice of law rules in terms of their impact on the well-being of individuals. In other words, it makes it possible to consider questions of efficie...

  11. Scaling Laws in Gravitational Collapse

    OpenAIRE

    Cai, Rong-Gen; Yang, Run-Qiu(State Key Laboratory of Theoretical Physics, Institute of Theoretical Physics, Chinese Academy of Sciences, Beijing, 100190, China)

    2015-01-01

    This paper presents two interesting scaling laws, which relate some critical exponents in the critical behavior of spherically symmetric gravitational collapses. These scaling laws are independent of the details of gravity theory under consideration and share similar forms as those in thermodynamic and geometrical phase transitions in condensed matter system. The properties of the scaling laws are discussed and some numerical checks are given.

  12. Reordering American Constitutional Law Teaching.

    Science.gov (United States)

    Gerber, Scott D.

    1994-01-01

    Maintains that constitutional law is the cornerstone of an undergraduate public law curriculum. Asserts that there is a welcome trend toward teaching the subject over a two-semester sequence, instead of only one. Describes course content and teaching strategies used in a college constitutional law course. (CFR)

  13. Tax Breaks for Law Students.

    Science.gov (United States)

    Button, Alan L.

    1981-01-01

    A guide to federal income tax law as it affects law students is presented. Some costs that may constitute valuable above-the-line deductions are identified: moving expenses, educational expenses, job-seeking expenses, and income averaging. Available from Washington and Lee University School of Law, Lexington, VA 24450, $5.50 sc) (MLW)

  14. MOND laws of galactic dynamics

    OpenAIRE

    Milgrom, Mordehai

    2012-01-01

    MOND predicts a number of laws that galactic systems should obey irrespective of their complicated, haphazard, and mostly unknowable histories -- as Kepler's laws are obeyed by planetary systems. The main purpose of this work is to show how, and to what extent, these MOND laws follow from only the paradigm's basic tenets: departure from standard dynamics at accelerations a

  15. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  16. Russian contract law for foreigners

    OpenAIRE

    Andrey Shirvindt

    2015-01-01

    The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1), is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invali...

  17. Data law, a special regulation

    OpenAIRE

    Ochoa, Nicolas

    2014-01-01

    I noticed during the last years of my research that when it comes to data law, people are only interested into data protection, human rights etc.As a result, data law is often reduced as data protection law or, even worse, as “privacy law”. Such a point of view is not wrong because data law do protect – or at least genuinely tries to protect – privacy, human rights etc. But by doing so, one is likely to refer only to a small part of data law and, what is worse, not to the essential part of it...

  18. Zipf's law unzipped

    International Nuclear Information System (INIS)

    Why does Zipf's law give a good description of data from seemingly completely unrelated phenomena? Here it is argued that the reason is that they can all be described as outcomes of a ubiquitous random group division: the elements can be citizens of a country and the groups family names, or the elements can be all the words making up a novel and the groups the unique words, or the elements could be inhabitants and the groups the cities in a country and so on. A random group formation (RGF) is presented from which a Bayesian estimate is obtained based on minimal information: it provides the best prediction for the number of groups with k elements, given the total number of elements, groups and the number of elements in the largest group. For each specification of these three values, the RGF predicts a unique group distribution N(k)∼exp(-bk)/kγ, where the power-law index γ is a unique function of the same three values. The universality of the result is made possible by the fact that no system-specific assumptions are made about the mechanism responsible for the group division. The direct relation between γ and the total number of elements, groups and the number of elements in the largest group is calculated. The predictive power of the RGF model is demonstrated by direct comparison with data from a variety of systems. It is shown that γ usually takes values in the interval 1≤γ≤2 and that the value for a given phenomenon depends in a systematic way on the total size of the dataset. The results are put in the context of earlier discussions on Zipf's and Gibrat's laws, N(k)∼k-2 and the connection between growth models and RGF is elucidated.

  19. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

    Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

  20. Spatiality of environmental law

    DEFF Research Database (Denmark)

    Baaner, Lasse; Hvingel, Line

    2015-01-01

    determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand......, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from...

  1. Essentials of EU law

    CERN Document Server

    Reinisch, August

    2012-01-01

    This book explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law.

  2. Violence or law

    International Nuclear Information System (INIS)

    Bloody demonstrations, occupations of houses and airports, violence against things and persons make the citizens feel that the protection of life and property is no longer in a good state in the F.R. of Germany. How can a further erosion of the sense of justice be met. What can the citizens do to strengthen the sense of justice and to help making the respect of law grow again as a condition for the peaceful coexistence of people. The contributions from a meeting of the Evangelische Akademie Bad Herrenalb deal with these problems. (orig./HP)

  3. Evolution of Law

    OpenAIRE

    Pflimpfel, Stepan

    2011-01-01

    In this Bachelor thesis I would like to present to the reader a comprehensive and adequately in-depth review of what chronological development modern world’s legal systems have undergone up to current time being. The aim is to take the evolution of law step by step and project it on the most significant eras in the history of human civilization. The first - theoretical part is a historical revision of what I consider the crucial points in civilization time line valuable in respect to the...

  4. Law and family planning.

    Science.gov (United States)

    Gerber, P

    1984-03-17

    The decision in the Gillick case confirms that oral contraceptives (OCS) may be prescribed for adolescents under age 16 without their parent's knowlege or consent. And it is probable that to convey the information to parents will render the doctor guilty of professional miscnduct. This is true incases where the adolescent has reached the age of 16 and thus attained the age of consent, notwithstanding the decision in the Browne case. In that case, an elderly Birmingham general practitioner, Dr. Robert Browne, was chaged, on the information of a local family planning clinc, with serious professional misconduct when he told the father of a girl who had been his patient since birth that she was taking OCS. The girl had consulted a local family planning clinic, which had put her on OCS and conveyed the information to Dr. Browne in a confidential letter. Dr Browne had decided that her parents were the best people to counsel her, and since the information had been supplied by the clinic, "I could not accept from a third party a unilateral imposition of confidential information." The latter proposition is specious; the former is not a good defense at law. The decision of the General Medical Council's Disciplinary Committee in favor of Dr. Browne rests on tenuous reasoning. It was most likely wrong when it was handed down in 1971 and would almost certainly not be followed today. There is something in the Gillick case to infuriate every family doctor. At 1 level, the decision points the finger at as sensitive area of family medicine most often ignored by medical practitioners -- the provision of timely counseling, particularly in the area of sexual relations. The point has been reached where a family planning clinic's judgment can be lawfully substituted for that of parents on issues involving the moral and emotional development of their children. A doctor's obligation to maintain confidentiality does not come about by default, nor can it gan moral reinforcement as a result

  5. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

    Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

  6. The Delinquencies of Juvenile Law: A Natural Law Analysis

    Directory of Open Access Journals (Sweden)

    Ellis Washington

    2010-07-01

    Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

  7. Environmental law and nuclear law: a growing symbiosis

    International Nuclear Information System (INIS)

    This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

  8. Generalized Kirchhoff law

    CERN Document Server

    Greffet, Jean-Jacques; Brucoli, Giovanni; Sakat, Emilie; Marquier, François

    2016-01-01

    Thermal emission can be conveniently described using Kirchhoff law which states that the emissivity is equal to the absorptivity for isothermal bodies. For a finite size system, absorptivity is replaced by an absorption cross section. Here, we study the link between thermal emission and absorption by a finite size object which is not isothermal. We define a local absorption rate for a given incident plane wave and we prove that it is equal to the local emissivity rate. Hence, Kirchhoff law can be extended to anisothermal media. A practical consequence is the possibility of analysing thermal radiation by a variety of non-equilibrium systems such as microwave radiation in geophysical remote sensing or X-UV radiation by plasmas. This result provides a theoretical framework to analyse thermal emission by hot electrons in quantum wells, tunnel junctions or graphene. It paves the way to the design of a new generation of incandescent emitters made of subwavelength hot emitters coupled to cold antennas. The antennas ...

  9. Integrable viscous conservation laws

    Science.gov (United States)

    Arsie, Alessandro; Lorenzoni, Paolo; Moro, Antonio

    2015-06-01

    We propose an extension of the Dubrovin-Zhang perturbative approach to the study of normal forms for non-Hamiltonian integrable scalar conservation laws. The explicit computation of the first few corrections leads to the conjecture that such normal forms are parameterized by one single functional parameter, named the viscous central invariant. A constant valued viscous central invariant corresponds to the well-known Burgers hierarchy. The case of a linear viscous central invariant provides a viscous analog of the Camassa-Holm equation, that formerly appeared as a reduction of two-component Hamiltonian integrable systems. We write explicitly the negative and positive hierarchy associated with this equation and prove the integrability showing that they can be mapped respectively into the heat hierarchy and its negative counterpart, named the Klein-Gordon hierarchy. A local well-posedness theorem for periodic initial data is also proven. We show how transport equations can be used to effectively construct asymptotic solutions via an extension of the quasi-Miura map that preserves the initial datum. The method is alternative to the method of the string equation for Hamiltonian conservation laws and naturally extends to the viscous case. Using these tools we derive the viscous analog of the Painlevé I2 equation that describes the universal behaviour of the solution at the critical point of gradient catastrophe.

  10. Telemedicine and the law

    International Nuclear Information System (INIS)

    Full text: Aim: To identify the legal and ethical obstacles to the development of tele (nuclear) medicine, and to propose solutions. Material and method: Lessons have been drawn from 4 years practice of telemedicine between Luxemburg and 5 European centres. Problems so raised have been confronted with the US and EU literature. Results: Academic applications (web sites, teaching, hospital networks) are yet functional and are not dealt with here. Difficulties arise in case of 1st reading (e.g. 24 hour service), 2nd reading (expert advice) or distant reading (locum, service in remote places). In most applications, the relation is doctor to doctor; patient issues like quality of content, freedom of choice are minor. A body of laws, rules and directives apply to other issues. Confidentiality is ruled by the EU Directives on the Protection of Individuals and on Data Protection. Data are commonly encrypted/anonymized. Consent and free choice are ruled by the law of medicine. A doctor requiring 2nd advice stays in charge of the patient (no need to consent). Remote reading or 1st reading is usually based on prior agreement between doctors (like after hours service), and information or consent is recommended. Registration and accreditation are ruled by the Directives of the European Internal Market for Services. No obstacle to the delivery of services across the EU would remain if it is perceived that a tele-patient consults abroad rather than a tele-doctor practices abroad. (author)

  11. Reflections on nuclear law

    International Nuclear Information System (INIS)

    Despite contradictory public attitudes to nuclear power, this source of energy is bound to be used all over the world because of exhaustible other energy sources and increasing energy needs. The role of nuclear law is analysed in this context. Innovative legislation in this field has kept in step with the constant evolution of nuclear technology and has fixed new criteria of liability, financial coverage and specific standards for users of nuclear power, and set administrative measures to be complied with. It has fixed a barrier of protection mechanisms, i.e. licences, exemptions, controls, to keep an acceptable balance between economic advantages and social needs. In Italy, apart from ratification of international nuclear conventions, an increasing number of laws and decrees are made touching the various aspects of nuclear energy, thus providing a detailed, expanding legal framework for nuclear activities. Finally, existing legislation should be still further refined as regards emergency plans and measures to ensure maximum protection in the event, however remote, of a major nuclear incident. (NEA)

  12. Environmental law. 2. rev. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Meyerholt, Ulrich

    2007-07-01

    The author of the book under consideration describes the environment law in a well readable and systematic form. By means of this book the reader is to be able to understand and arrange environmental-legal questions. The book consists of the following sections: (a) Denotation of the environment law; (b) Fundamentals of the legal order and the application of law; (c) Environmental constitutional law; (d) Principles of the environment law; (e) Instruments in the environment law; (f) Environmental private law; (g) Environmental criminal law; (h) Legal protection questions in the public environment law; (i) Environmental European right; (j) Environmental international law; (k) Pollution control law; (l) Water legislation; (m)Soil conservation law; (n) Recycling law and waste management law; (o) Nature conservation law; (p) Law of hazardous materials.

  13. LAW 531 UOP Tutorial Courses/ Uoptutorial

    OpenAIRE

    kalam1

    2015-01-01

    For more course tutorials visit www.uoptutorial.com   LAW 531 Week 1 Quiz (Knowledge Check) LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis LAW 531 Week 2 Quiz (Knowledge Check) LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 2 Individual Business Forms Worksheet LAW 531 Week 2 Learning Team Reflection IRAC Brief LAW 531 Week 3 Quiz (Knowledge Check) LAW 531 Week 3 Lea...

  14. LAW 421 UOP Course Tutorial / Tutorialoutlet

    OpenAIRE

    roster

    2015-01-01

    For more course tutorials visit www.tutorialoutlet.com   LAW 421 Week 1 Discussion Question 1 (UOP) LAW 421 Week 1 Discussion Question 2 (UOP) LAW 421 Week 1 Individual Assignment Role and Functions of Law Paper 1 (UOP) LAW 421 Week 2 Discussion Question 1 (UOP) LAW 421 Week 2 Discussion Question 2 (UOP) LAW 421 Week 2 Individual Assignment Addressing International Legal and Ethical Issues Simulation Analysis (UOP) LAW 421 Week 2 Learning Team...

  15. INDIRECT INFLUENCE OF COMMUNITY LAW OVER NATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Mirela GORUNESCU

    2009-12-01

    Full Text Available The problem of influence of Community law over national criminal law is difficult to be solved even now, because criminal law is very closely related to state sovereignty. However, at European level it is a series of unifying trends in the field of criminal law. This includes: the Corpus Juris Project to develop a number of guiding principles on the protection through criminal law of financial interests of EU, within the European judiciary space; the project of founding a European Prosecutor , which would have extended jurisdiction over the entire European judicial area; at the doctrinaire level the project called ”The Criminal Code of the European Union ” result of encoding the provisions relevant for the Community criminal law and published likewise. Romanian criminal law could not remain outside these trends and this paper reveal some internal acts that reflect the trends observed at European level. Some of this acts have a direct influence, and some of them an indirect influence. An example is represented by art. 3022 of the Romanian Penal Code, which, in the basic variant, besides any operations regarding the import of wastes and residue of any kind or other dangerous goods for public health and environment, incriminates the placing or transit operations on the country without observing the laws. In this text, the phrase "without observing the laws" must be reported to both national regulations and international legal instruments.

  16. Nuclear law and law of the sea - a synthesis

    International Nuclear Information System (INIS)

    The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.)

  17. Zipf law: an extreme perspective

    Science.gov (United States)

    Eliazar, Iddo

    2016-04-01

    Extreme value theory (EVT) asserts that the Fréchet law emerges universally from linearly scaled maxima of collections of independent and identically distributed random variables that are positive-valued. Observations of many real-world sizes, e.g. city-sizes, give rise to the Zipf law: if we rank the sizes decreasingly, and plot the log-sizes versus the log-ranks, then an affine line emerges. In this paper we present an EVT approach to the Zipf law. Specifically, we establish that whenever the Fréchet law emerges from the EVT setting, then the Zipf law follows. The EVT generation of the Zipf law, its universality, and its associated phase transition, are analyzed and described in detail.

  18. Zipf law: an extreme perspective

    International Nuclear Information System (INIS)

    Extreme value theory (EVT) asserts that the Fréchet law emerges universally from linearly scaled maxima of collections of independent and identically distributed random variables that are positive-valued. Observations of many real-world sizes, e.g. city-sizes, give rise to the Zipf law: if we rank the sizes decreasingly, and plot the log-sizes versus the log-ranks, then an affine line emerges. In this paper we present an EVT approach to the Zipf law. Specifically, we establish that whenever the Fréchet law emerges from the EVT setting, then the Zipf law follows. The EVT generation of the Zipf law, its universality, and its associated phase transition, are analyzed and described in detail. (letter)

  19. The maturity of Nuclear Law

    International Nuclear Information System (INIS)

    The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author)

  20. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    Falling on a Normal Working Day and Leave Schemes Chapter 4. Remuneration and Benefits Chapter 5. Incapacity to Work Chapter 6. Job Security Chapter 7. Protection of Certain Categories of Employee and against Discrimination in Employment Chapter 8. Covenants of Non-competition and Non-solicitation Chapter...... 9. Inventions by Employees Chapter 10. Settlement of Disputes Part II. Collective Labour Relations Chapter 1. Trade Union Freedom Chapter 2. Trade Unions and Employers’ Associations Chapter 3. Institutionalised Relations between Employers and Employees Chapter 4. Collective Bargaining Chapter 5....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...

  1. Law Tackling Administrative Monopolies

    Institute of Scientific and Technical Information of China (English)

    WAN LIXIN

    2006-01-01

    @@ The long-anticipated anti-monopoly law needs to better address the crucial distinction between administrative and economic monopolies The first five months of 2oo6 saw a surge in the profits achieved by key State enterprises, especially in the eight sectors including petroleum, telecommunication and electricity, which achieved 285 billion yuan (US$36 billion) in profits, accounting for about 86 percent of the total, according to a July report. From the Stateowned Assets Supervision and Administration Commission of the State (SASAC). This news was both heartening and disquieting, for the most profitable sectors happen to be monopolistic enterprises, mostly upstream the production chain, who achieve their profitability at the expense of those companies further downstream. For years these sectors have been at the centre of the "bust-the-trust" storm.

  2. An Introduction to the Law and Economics of Intellectual Property

    OpenAIRE

    Stanley M. Besen; Leo J. Raskind

    1991-01-01

    Although economists have written on topics of intellectual property for a long time, the impact of economics on public policy in this area has been slight, especially as compared to the influence of professional writings in areas such as antitrust and taxation. We believe that too few of the profession's resources have been devoted to these issues and that, of those resources that have been employed, too few have been devoted to empirical analyses. We hope that this introductory essay and the...

  3. Morality, care, and international law

    OpenAIRE

    Held, Virginia

    2011-01-01

    Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking...

  4. Extraterritorial Courts for Corporate Law

    OpenAIRE

    Henry Hansmann; Jens Dammann

    2005-01-01

    A central goal in devising a system of courts is to make judicial services easily accessible. As a consequence, justice is usually administered in a geographically decentralized fashion: trial courts are distributed across the territory in which the jurisdiction's law is applied. Corporate law, however, does not fit this pattern: courts are often located far away from the companies subject to their jurisdiction. In particular, Delaware law governs most publicly traded firms in the U.S., and i...

  5. Behavioral Economics and the Law

    OpenAIRE

    Jolls, Christine

    2011-01-01

    This monograph describes and assesses the current state of behavioral law and economics. Law and economics had a critical (though underrecognized) early point of contact with behavioral economics through the foundational debate in both fields over the Coase theorem and the endowment effect. In law and economics today, both the endowment effect and other features of behavioral economics feature prominently and have been applied to many important legal questions.

  6. Zipf's Law in Gene Expression

    OpenAIRE

    Furusawa, Chikara; Kaneko, Kunihiko

    2002-01-01

    Using data from gene expression databases on various organisms and tissues, including yeast, nematodes, human normal and cancer tissues, and embryonic stem cells, we found that the abundances of expressed genes exhibit a power-law distribution with an exponent close to -1, i.e., they obey Zipf's law. Furthermore, by simulations of a simple model with an intra-cellular reaction network, we found that Zipf's law of chemical abundance is a universal feature of cells where such a network optimize...

  7. The Law of Other States

    OpenAIRE

    Eric A. Posner; Sunstein, Cass R.

    2006-01-01

    The question whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even on the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, ...

  8. Criminal law in the Bible

    Directory of Open Access Journals (Sweden)

    Pikov, G.

    2010-01-01

    Full Text Available The Old Testament criminal law, especially its moralizing attitude to state and private violence, crime and punishment, can be ranked among the most important sources of Medieval and Modern jurisprudence. The article analyses basic cultural preconditions of the formation and evolution of Judeo-Christian legal theory, peculiarities of criminological thinking in Judaism and Christianity, causes and effects of the fundamental ties between religion and law in traditional societies, and possible convergence of Mosaic and Modern criminal law.

  9. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined and...

  10. The Law Of Environmental Preservation

    International Nuclear Information System (INIS)

    This book deals with preservation regulation on environment, which includes the meaning of environmental law, foundation of environmental law and development, characteristic of the law, the right of environment, the method and the case of lawmaking of environment, formation of environmental law in Korea, organization of administration, explanation of environmental regulation with term and definition, exclusion of application, safety of nature, supervision of air and water, discharge facilities and prevention facility, air pollution, discharge facility business, management of industrial waste substance and grievance mediation and compensation for the lost.

  11. History of Law and Economics

    OpenAIRE

    Gelter, Martin; Grechenig, Kristoffel

    2014-01-01

    The roots of law & economics lie in late 19th century continental Europe. However, this early movement did not persist, having been cut off in the 1930s. After World War II, modern law & economics was (re-)invented in the United States and subsequently grew into a major field of research at U.S. law schools. In continental Europe, law & economics was re-imported as a discipline within economics, driven by economists interested in legal issues rather than by legal scholars. Hence, the European...

  12. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over…

  13. Teaching of Administrative Law in the New Grade of Law

    Science.gov (United States)

    Domínguez Alonso, Patricia

    2012-01-01

    The teaching of Administrative Law in the new grade of law poses numerous challenges and opportunities in the new model of Bologna. It's really important work of research and students in class presentations. It is also important to motivate students to study the issues and cases brought before classes and to use virtual platforms to interact with…

  14. LAW 531 UOP Course Tutorial/Tutorialrank

    OpenAIRE

    mokshaagn

    2015-01-01

    For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 6 Times, Rating: A+   LAW 531 Week 1 Quiz (Knowledge Check) LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 1 Individual Assignment The Legal System and ADR Analysis LAW 531 Week 2 Quiz (Knowledge Check) LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 2 Individual Business Forms Worksheet LAW 531 Week 2 Learning Team Reflection IRAC Brief LAW 531 Week 3 Q...

  15. LAW 531 UOP COURSE TUTORIAL/ UOPHELP

    OpenAIRE

    RAMURAJAN

    2015-01-01

    For more course tutorials visit www.uophelp.com     LAW 531 Week 1 Individual Assignment Traditional and Nontraditional Litigation Paper LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 2 Individual Assignment Legal Forms of Business Paper LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 3 Learning Team Assignment ERM Paper LAW 531 Week 3 DQ 1 LAW 531 Week 3 DQ 2 LAW 531 Week 4 Individual Assignment Contract Creation and Ma...

  16. LAW 531 UOP Course Tutorial/ Tutorialrank

    OpenAIRE

    john

    2015-01-01

          For more course tutorials visit www.tutorialrank.com Tutorial Purchased: 6 Times, Rating: A+ LAW 531 Week 1 Individual Assignment Traditional and Nontraditional Litigation Paper LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 2 Individual Assignment Legal Forms of Business Paper LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 3 Learning Team Assignment ERM Paper LAW 531 Week 3 DQ 1 LAW 531 Week 3 DQ 2 LAW 531 ...

  17. LAW 531 UOP Course Tutorial / Tutorialoutlet

    OpenAIRE

    roster

    2015-01-01

    For more course tutorials visit www.tutorialoutlet.com   LAW 531 Week 1 Individual Assignment Traditional and Nontraditional Litigation Paper LAW 531 Week 1 DQ 1 LAW 531 Week 1 DQ 2 LAW 531 Week 2 Individual Assignment Legal Forms of Business Paper LAW 531 Week 2 DQ 1 LAW 531 Week 2 DQ 2 LAW 531 Week 3 Learning Team Assignment ERM Paper LAW 531 Week 3 DQ 1 LAW 531 Week 3 DQ 2 LAW 531 Week 4 Individual Assignment Contract Creation and Manage...

  18. INTERFERENCES OF THE ENVIRONMENTAL LAW WITH THE URBAN LAW

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2014-06-01

    Full Text Available Addressing the large, complex issue of influences that urbanization can have on the environment, requires first of all, some general considerations on the interferences between the urban law and the environmental law. The urban law investigates and regulates the affecting and planning of the urban space. Therefore, this type of regulations are at the interference with the environmental law , which, inter alia , deals with the protection and conservation of the environment in the urban settlements, in the built space and also the ecological deployment of the activities in this space. The interaction between the two is becoming increasingly important especially when the urban law is increasingly correlated with the environmental protection, the natural space and the ecological activities.

  19. Economics of mining law

    Science.gov (United States)

    Long, K.R.

    1995-01-01

    Modern mining law, by facilitating socially and environmentally acceptable exploration, development, and production of mineral materials, helps secure the benefits of mineral production while minimizing environmental harm and accounting for increasing land-use competition. Mining investments are sunk costs, irreversibly tied to a particular mineral site, and require many years to recoup. Providing security of tenure is the most critical element of a practical mining law. Governments owning mineral rights have a conflict of interest between their roles as a profit-maximizing landowner and as a guardian of public welfare. As a monopoly supplier, governments have considerable power to manipulate mineral-rights markets. To avoid monopoly rent-seeking by governments, a competitive market for government-owned mineral rights must be created by artifice. What mining firms will pay for mineral rights depends on expected exploration success and extraction costs. Landowners and mining firms will negotlate respective shares of anticipated differential rents, usually allowing for some form of risk sharing. Private landowners do not normally account for external benefits or costs of minerals use. Government ownership of mineral rights allows for direct accounting of social prices for mineral-bearing lands and external costs. An equitable and efficient method is to charge an appropriate reservation price for surface land use, net of the value of land after reclamation, and to recover all or part of differential rents through a flat income or resource-rent tax. The traditional royalty on gross value of production, essentially a regressive income tax, cannot recover as much rent as a flat income tax, causes arbitrary mineral-reserve sterilization, and creates a bias toward development on the extensive margin where marginal environmental costs are higher. Mitigating environmental costs and resolving land-use conflicts require local evaluation and planning. National oversight ensures

  20. Energy law novelties

    International Nuclear Information System (INIS)

    Energy Law no. 318/2003 has been worked out in compliance with the EU Electricity Directive based on the following principles and objectives: - clearly defining the positions and roles of various institutional entities and structures; - introducing the competitions in energy generation and supply; - creation and functioning of electricity competitive markets; - right of certain consumers to buy electricity directly from the producers; - direct, fair and regulated access to electrical network of all the participants in the electricity market; - generators, distributors and consumers; - achieving the activities in the field under reliable conditions and at the quality standards for optimally using the primary energy resources by observing the environmental protection norms in force; - promoting, in a balanced manner, the interests of the National Power System based on the European regulations and requirements on optimal and efficient resources use by observing the environmental criteria and norms; - ensuring the sustainable development of the national economy; - diversifying the primary energy resources basis; - transparency of electricity tariffs, prices and taxes; - creating the security stocks of needed fuels for electricity and heat co-generation; - ensuring the interconnected operation of the NPS with the energy systems in the neighboring countries and with the ones in the UCTE; - promoting the use of renewable energy sources. Among the novelties brought by this Law by the definitions given to the terms used it is worth mentioning: - Access to the public electricity network; - Energy capacity; - Passageway of the electric line; - Natural monopoly in the energy field; - Electricity market operator; - Distribution system operator; - Transmission system operator; -Merit order (i.e the order in which an electricity producer is taken into consideration according to the price offered to cover the NPS electricity demand); - Electricity market; - Rehabilitation

  1. Relativistic covariance of Ohm's law

    CERN Document Server

    Starke, R

    2014-01-01

    The derivation of relativistic generalizations of Ohm's law has been a long-term issue in theoretical physics with deep implications for the study of relativistic plasmas in astrophysics and cosmology. Here we propose an alternative route to this problem by introducing the most general Lorentz covariant first order response law, which is written in terms of the fundamental response tensor $\\chi^\\mu_{~\

  2. Social Change and Criminal Law

    Science.gov (United States)

    Jeffery, C. Ray

    1970-01-01

    The impact of urbanization on criminal law and the extension of law into the area of morality (value systems) are discussed in terms of social control via punishment and deterrence. The impact of the social sciences (psychotherapy, sociology, behavioral science) is covered in terms of social control via rehabilitation and environmental…

  3. Relativistic dynamics without conservation laws

    OpenAIRE

    Rothenstein, Bernhard; Popescu, Stefan

    2006-01-01

    We show that relativistic dynamics can be approached without using conservation laws (conservation of momentum, of energy and of the centre of mass). Our approach avoids collisions that are not easy to teach without mnemonic aids. The derivations are based on the principle of relativity and on its direct consequence, the addition law of relativistic velocities.

  4. Constitutional Law and Liberal Education.

    Science.gov (United States)

    Clor, Harry

    1985-01-01

    By studying constitutional law, students learn about the relationship between democratic theory and practice, one of the main concerns of liberal education. The mind is enlarged when it must apply ethical standards and political ideas to real human problems. How a political science professor teaches constitutional law is discussed. (RM)

  5. [Psychiatric evaluation in civil law].

    Science.gov (United States)

    Foerster, K

    1992-03-01

    Aspects of civil law of importance for the psychiatrist as expert witness are those dealing with disability pensions accident insurance, compensation in civil law and rights of the seriously disabled. The legal basis of each is briefly outlined, and some guidelines given for psychiatric court reports. Some outstanding theoretical and practical problems are mentioned. PMID:1579170

  6. Writing an Effective Anticorruption Law

    OpenAIRE

    Richard E. Messick; Kleinfeld, Rachel

    2001-01-01

    The note looks at effective anticorruption legal instruments. However, law enforcement measures are not the first or necessarily the preferred method of defense. An informed citizenry, a government imbued with a service ethic, and other measures can be more effective in combating corruption. But tailoring the law to improve enforcement capacity generally encompasses a variety of statutes t...

  7. Economic Models of Law: Introduction

    OpenAIRE

    Thomas J. Miceli; Baker, Matthew J.

    2013-01-01

    This introductory chapter to Economic Models of Law (forthcoming, Edward Elgar) discusses the use of economic models for understanding law. It also provides a survey of the contents of the volume, which consist of twenty-one previously published articles in the areas of torts, contracts, property, and legal process.

  8. Law and Morals. Prolegomena (II

    Directory of Open Access Journals (Sweden)

    Nicolae V. DURĂ

    2011-11-01

    Full Text Available In the pages of this study we have emphasized the relation between Law and Morals, between what is just and in just, talking thus not only about the nature of the Law and of the Morals, but also about the relation between the juridical norms and the moral principles. An evaluation of the historical process of the emergence of Law and Morals – be it brief – has enabled us to notice that the Law has evolved step by step from the Moral norms and from the customs of a moral nature, hence the conclusion that the positive juridical norms should also express, in their content, values of a moral nature. In fact, from an ontological point of view, between Law and Morals could not be a divorce, since the notions of “righteousness” and of “justice” themselves are categories of Morals. That is why the theory of juridical positivism, according to which the rule of Law can exist in the absence of Morals since the state is the only source of Law, has no credibility both from a historical and philosophical and from a juridical point of view. Finally, the increasingly higher interest of the philosophers and jurists of our time to perceive and express the content of the nature of Law adequately and, ipso facto, the relation between this one and Morals, was also determined by the international and European legislation regarding the human fundamental rights and liberties.

  9. Interpretation of the Omori Law

    CERN Document Server

    Guglielmi, Anatol V

    2016-01-01

    The known Omori law is presented in the form of differential equation that describes the evolution of the aftershock activity. This equation is derived hypothetically with taking into account deactivation of the faults in epicentral zone of the main shock. A generalization of the Omori law is proposed.

  10. One Stop Group Law Shop?

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2012-01-01

    The article, which is the editorial for February 2012 i European Company Law, argues that the EU must introduce a directive offering the possibility to a European cross-border group of being treated, for company law reasons, in any EU country according to the same provisions which are in force...

  11. Critical Introduction To Natural Law

    Directory of Open Access Journals (Sweden)

    Esteban Javier Mosquera Cabrera

    2013-01-01

    Full Text Available This review provides a comparison between the different editions of the famous work of Hervada, discussed here. The outcome of this analysis arise five new hermeneutical rules that analyze how to interpret positive law or agreement that eventually undermine the natural law. It is also evident that the principles proposed by Hervada are a good basis for general legal hermeneutics.

  12. Three lectures on Newton's laws

    OpenAIRE

    Kokarev, Sergey S.

    2009-01-01

    Three small lectures are devoted to three Newton's laws, lying in the foundation of classical mechanics. These laws are analyzed from the viewpoint of our contemporary knowledge about space, time and physical interactions. The lectures were delivered for students of YarGU in RSEC "Logos".

  13. International law and communicable diseases.

    OpenAIRE

    Aginam, Obijiofor

    2002-01-01

    Historically, international law has played a key role in global communicable disease surveillance. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation-states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, communicable diseases have continued to re-shape the boun...

  14. International school of nuclear law

    International Nuclear Information System (INIS)

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

  15. Law and Morals. Prolegomena (I

    Directory of Open Access Journals (Sweden)

    Nicolae V. DURĂ

    2011-08-01

    Full Text Available In the pages of this study we have emphasized the relation between Law and Morals, between what is just and in just, talking thus not only about the nature of the Law and of the Morals, but also about the relation between the juridical norms and the moral principles. An evaluation of the historical process of the emergence of Law and Morals – be it brief – has enabled us to notice that the Law has evolved step by step from the Moral norms and from the customs of a moral nature, hence the conclusion that the positive juridical norms should also express, in their content, values of a moral nature. In fact, from an ontological point of view, between Law and Morals could not be a divorce, since the notions of “righteousness” and of “justice” themselves are categories of Morals. That is why the theory of juridical positivism, according to which the rule of Law can exist in the absence of Morals since the state is the only source of Law, has no credibility both from a historical and philosophical and from a juridical point of view. Finally, the increasingly higher interest of the philosophers and jurists of our time to perceive and express the content of the nature of Law adequately and, ipso facto, the relation between this one and Morals, was also determined by the international and European legislation regarding the human fundamental rights and liberties.

  16. Orthopaedics and the law.

    Science.gov (United States)

    Suk, Michael; Udale, Ann Marie; Helfet, David L

    2005-10-01

    Understanding the relevant legal context is critical to the safe and successful practice of orthopaedic surgery. Specifically, three areas of liability are relevant to most physicians: medical malpractice, products liability, and the liability of health care organizations. Medical malpractice encompasses the professional physician-patient relationship with its implied contract, consent, fiduciary responsibilities, and duty to provide the standard of care, as well as certain common-law duties pertinent in special circumstances. Orthopaedic surgeons who design implants or who have a relationship with a device manufacturer are at risk for liability for a failed product. In general, the hospital entity is responsible for the actions of its physician-employees. Still unclear is the degree to which a physician is obligated to appeal to a third-party payer on behalf of a patient. Physicians should remember that, above all else, common sense with regard to the treatment, informed consent, and advocacy of patients is essential to avoiding many medical-legal pitfalls. PMID:16224112

  17. The law of times

    International Nuclear Information System (INIS)

    The implicit confidence in technology of former decades has long since given way to an equally doubtful hostility towards technology. Criticism is focusing on energy economy and the 'hard technologies' it advocates. The publication for the first time gives public access to a number of papers and essays discussing this criticism in a most detailed and competent way. Based on different aspects and theories maintained by natural science, philosophy, ethics and world economy the author concludes that it is not cuts but a consistent technological extension leading to long-term living conditions worthy of a human being and to the benefit of the major part of the population. The publication deals with the following subjects: pros and cons of a nuclear phaseout; technology as a prior condition of modern humanity, energy for our world; energy - order - humanity; responsibility and technology; engineers - mediators between energy technology and society, future energy supply and technological changes; innovation and the interaction between technology and science; energy supply and pollution abatement; nuclear technology and long-term energy supplies; from mechanics to energy technology - 200 years of German steam engineering; the implications of the second law of thermodynamics for human life; arguments in favour of a general energy system. (orig./HP)

  18. Mining and radiation protection law

    International Nuclear Information System (INIS)

    The article deals with the hazards of ionising radiation in the mining sector for the mining employees, the neighbouring population and the environment, with regard to prospecting, mining and processing radioactive ores. Due attention must also be paid to stockpiles, radioactive waste and imports of radioactive minerals. International radiation protection laws are to be applied on the basis of Euratom, IAEA, OECP/NEA and ICRP. The national law to be applied is Basic Law, Atomic Energy Law, and the Radiation Protection Ordinance of 1976. This law includes all activities having to do with mining of radioactive minerals, transport, imports and exports and waste management. Last not least, questions concerning the supervision carried out by the state and the administration are dealt with. (HSCH)

  19. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts......This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

  20. On the Cognition of Laws of Nature

    OpenAIRE

    Weingartner, Paul

    2003-01-01

    In this paper I shall discuss the problem of cognition of laws of nature on the following different levels of understanding: First level of understanding of laws of nature: the Greek Ideal of Science Second level: Space Time Invariance Third level: Dynamical Laws Fourth level: Statistical Laws Fifth level: Laws and Causality Sixth level: Chaotic Motion Seventh level: Initial conditions and Constants of Nature

  1. 38 CFR 21.4274 - Law courses.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Law courses. 21.4274... Pursuit of Courses § 21.4274 Law courses. (a) Accredited. A law course in an accredited law school leading to a standard professional law degree will be assessed as provided in § 21.4273(a). (b)...

  2. An Analysis of the Definition of Relevant Markets in Internet Antitrust-A Case Study of“Qihoo 360 Litigation Against Tencent”%互联网反垄断中相关市场界定解析--以“奇虎360诉腾讯案”为视角

    Institute of Scientific and Technical Information of China (English)

    陈国强

    2014-01-01

    本文以“奇虎360诉腾讯案”为切入点,论述了互联网行业具有创新迅速、传播速度快、市场双边性、产品低费用甚至免费等特征。这导致了传统反垄断中对相关市场的界定方法用于互联网相关市场界定时存在很多缺陷以致无法适用,而我国互联网反垄断实务也面临一些困境,对此提出了解决方法,即从互联网相关市场包括互联网相关产品市场、互联网相关地域市场、互联网相关时间市场三个维度加以考虑,只有在结合互联网市场特性及互联网产品特性的基础上,才能准确界定互联网相关市场,进而指导我国的互联网反垄断实务,以期保持互联网市场竞争公平、自由、有序地进行。%The Internet industry is characteristic of fast innovation and spread, bilateral market, and low-cost and even free products. Such features make the definition of the relevant markets in traditional antitrust inapplicable to the Internet antitrust. On the other hand, the practice of China’s Internet antitrust also faces difficulties. Based on the case of“Qihoo 360 litigation against Tencent”, the author suggests that Internet-related markets should include product market, geographic market and time market, and by combining the features of the Internet-related market and its products, we can accurately define the Internet-related markets so as to guide China’s Internet antitrust practice and to ensure a fair, free and orderly market competition.

  3. The law of unintended consequences

    International Nuclear Information System (INIS)

    A law that is of particular concern to the natural gas industry, and should be of concern to this audience is the law of unintended consequences. It is not a law that has been passed by Congress or signed by the President. But is is a law that could come back to haunt them. It is the law of unintended consequences -- a law it is believed will quickly go into effect if the proposed BTU tax is enacted and if the proposed collection point for this tax -- at the city gate -- becomes a reality. It is because of the law of unintended consequences that both the BTU tax and the collection point chosen by the Treasury Department is opposed. A few examples are given to prove that point. The BTU tax was not intended to be unfair, or hardest on the poor. Yet in reality the tax is regressive. Both directly and indirectly the costs will fall disproportionally on low- and middle-income consumers. The direct impact will be higher utility and transportation costs, which will obviously hurt the poor the most. They spend a much higher share of their disposable income on energy than do the rich. And while there are provisions to help offset the impact on poor households, the middle-class will feel the full burden of this tax. Other disadvantages of the BTU tax are discussed

  4. European atomic energy law. Nuclear energy laws. 2. ed.

    International Nuclear Information System (INIS)

    The present re-edition closes a gap that had existed in particular in the German literature on European atomic energy law. This field of law is becoming more and more important through the introduction of new directives and regulations. The textbook starts with a discussion of the principles and international regulations of European atomic energy law. Forming its core is a presentation of the Euratom Treaty with all its regulations, directives, and decisions taken by the European Commission and the European Court of Justice. Since the Fukushima disaster, and as a result of the still ongoing renaissance of nuclear energy in many countries outside of Europe, a substantial demand has grown for information on international and specifically European nuclear energy law.

  5. Law, Community and Ultima Ratio in Transnational Law

    OpenAIRE

    Massimo Fichera

    2013-01-01

    The paper aims to examine the concept of transnational law and the way market forces affect the notion of community at the transnational level. Can the principle of ultima ratio operate in this context and how should this occur? Recent events, including the expansion of the anti-money laundering legislation and the measures enacted following the economic crisis, will be used as emblematic cases illustrating the development of transnational law and its impact on society. The analysis will also...

  6. European Competition Law as Mandatory Law in International Commercial Arbitration

    OpenAIRE

    Egill Daði Ólafsson 1984

    2013-01-01

    With arbitration becoming a common way of solving international commercial disputes, issues not considered capable of being arbitrated are diminishing. Arbitrators are therefore not prohibited from applying various mandatory rules, including European competition law, to a certain extent. When concluding an agreement, parties must have regard to competition law issues to make sure that the agreement is not contrary to those principles. These two different legal fields are therefore bound to in...

  7. Generalized Second Law for Cosmology

    CERN Document Server

    Bousso, Raphael

    2016-01-01

    We conjecture a novel Generalized Second Law that can be applied in cosmology, regardless of whether an event horizon is present: the generalized entropy increases monotonically outside of certain hypersurfaces we call past Q-screens. A past Q-screen is foliated by surfaces whose generalized entropy (sum of area and entanglement entropy) is stationary along one future null direction and increasing along the other. We prove that our Generalized Second Law holds in spacetimes obeying the Quantum Focussing Conjecture. An analogous law applies to future Q-screens, which appear inside evaporating black holes and in collapsing regions.

  8. Generalized second law for cosmology

    Science.gov (United States)

    Bousso, Raphael; Engelhardt, Netta

    2016-01-01

    We conjecture a novel generalized second law that can be applied in cosmology, regardless of whether an event horizon is present: the generalized entropy increases monotonically outside of certain hypersurfaces we call past Q-screens. A past Q-screen is foliated by surfaces whose generalized entropy (sum of area and entanglement entropy) is stationary along one future null direction and increasing along the other. We prove that our generalized second law holds in spacetimes obeying the quantum focusing conjecture. An analogous law applies to future Q-screens, which appear inside evaporating black holes and in collapsing regions.

  9. No Area Law in QCD

    OpenAIRE

    Asaga, Tomoko; Fujita, Takehisa

    2005-01-01

    Wilson's area law in QCD is critically examined. It is shown that the expectation value of the Wilson loop integral $ \\exp(\\int iA_\\mu dx^\\mu) $ in the strong coupling limit vanishes when we employ the conjugate Wilson action which has a proper QED action in the continuum limit. The finite value of Wilson loop with the Wilson action is due to the result of the artifact. The fact that his area law is obtained even for QED simply indicates that the area law is unphysical.

  10. Latest Amendment to Criminal Law

    Institute of Scientific and Technical Information of China (English)

    ZHU ZONGJIE

    2011-01-01

    @@ On Feb.25, 2011,the 19th Session of the Standine Commlttee or the 11th National Peonle's Congress, the country's highest legislative body, approved the eighth amendment to the Criminal Law of the People's Republic of China.This brought about the broadest changes ever made to the law-to be precise, to 50 items that involve 49 legal matters.While reducing the number of crimes punishable by death, the amended Criminal Law provides for additional instances of leniency for senior citizens and minors who are convicted of a crime.

  11. Zipf Law for Brazilian Cities

    OpenAIRE

    Moura Jr., Newton J.; Ribeiro, Marcelo B.

    2005-01-01

    This work studies the Zipf Law for cities in Brazil. Data from censuses of 1970, 1980, 1991 and 2000 were used to select a sample containing only cities with 30,000 inhabitants or more. The results show that the population distribution in Brazilian cities does follow a power law similar to the ones found in other countries. Estimates of the power law exponent were found to be 2.22 +/- 0.34 for the 1970 and 1980 censuses, and 2.26 +/- 0.11 for censuses of 1991 and 2000. More accurate results w...

  12. Can Environmental Law be standardized

    International Nuclear Information System (INIS)

    The author makes basic considerations on standardizability both in Constitutional Law and in simple Legislative Law. He discusses in detail a key issue of Environmental Law, namely the standardization of the right of third parties affected to file suit. In painstaking detail work one has to differentiate between standards having and not having an effect which protects third parties, and how far the protection of third parties goes. The limits to standardizability are reached with the use of undetermined legal terms. The shortcomings of standardizability for the legislator could and should be made up for by the statutory power which has to reify standards in a way which could guarantee efficient execution. (HSCH)

  13. Zipf's Law in Gene Expression

    CERN Document Server

    Furusawa, C; Furusawa, Chikara; Kaneko, Kunihiko

    2002-01-01

    Using data from gene expression databases on various organisms and tissues, including yeast, nematodes, human normal and cancer tissues, and embryonic stem cells, we found that the abundances of expressed genes exhibit a power-law distribution with an exponent close to -1, i.e., they obey Zipf's law. Furthermore, by simulations of a simple model with an intra-cellular reaction network, we found that Zipf's law of chemical abundance is a universal feature of cells where such a network optimizes the efficiency and faithfulness of self-reproduction. These findings provide novel insights into the nature of the organization of reaction dynamics in living cells.

  14. General presentation of nuclear law

    International Nuclear Information System (INIS)

    This article defines the characteristics and origin of nuclear law, in particular the recent existence of this legal discipline in view of the novelty of atomic energy and the need to take into account radiation protection of workers and the population, the increasing internationalisation of this law, and the importance given to non-proliferation physical protection and to control of nuclear activities. Following an analysis of the main international regulations elaborated in the respective frameworks of Euratom, NEA/OECD and IAEA, the author reviews French legislation in this field and finally, he describes the principal fields of application of nuclear law. (NEA)

  15. Benford's law theory and applications

    CERN Document Server

    Miller, Steven J

    2015-01-01

    Benford's law states that the leading digits of many data sets are not uniformly distributed from one through nine, but rather exhibit a profound bias. This bias is evident in everything from electricity bills and street addresses to stock prices, population numbers, mortality rates, and the lengths of rivers. Here, Steven Miller brings together many of the world's leading experts on Benford's law to demonstrate the many useful techniques that arise from the law, show how truly multidisciplinary it is, and encourage collaboration. Beginning with the general theory, the contributors explain t

  16. LAW OF CONSERVATION OF WEALTH

    OpenAIRE

    Gopinath VadirajaRao Bangalore

    2005-01-01

    Law of Conservation is a universal Law and applies to mass, energy and wealth alike. When wealth is changed from one form to the other, the value of transferee form of wealth equals value of transferor form of wealth. This leads to inferance that wealth can neither be created nor be destroyed but can be changed from one form to the other. The principle of Double Entry Method of Bookkeeping rests on this Law. We cannot create a debit/credit without corresponding credit/debit and the assets and...

  17. Time, history and international law

    CERN Document Server

    Craven, Matthew; Vogiatzi, Maria

    2006-01-01

    This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders

  18. On the Concept of Law in Physics

    OpenAIRE

    Kiefer, Claus

    2013-01-01

    I discuss the main features of the concept of law in physics. Fundamental laws from Newtonian mechanics to general relativity are reviewed. I end with an outlook on the new form of laws in the emerging theory of quantum gravity.

  19. HSIP Law Enforcement Locations in New Mexico

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...

  20. Universal mortality law and immortality

    Science.gov (United States)

    Azbel', Mark Ya.

    2004-10-01

    Well-protected human and laboratory animal populations with abundant resources are evolutionarily unprecedented. Physical approach, which takes advantage of their extensively quantified mortality, establishes that its dominant fraction yields the exact law, which is universal for all animals from yeast to humans. Singularities of the law demonstrate new kinds of stepwise adaptation. The law proves that universal mortality is an evolutionary by-product, which at any given age is reversible, independent of previous life history, and disposable. Life expectancy may be extended, arguably to immortality, by minor biological amendments in the animals. Indeed, in nematodes with a small number of perturbed genes and tissues it increased 6-fold (to 430 years in human terms), with no apparent loss in health and vitality. The law relates universal mortality to specific processes in cells and their genetic regulation.

  1. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  2. Scaling laws of turbulent dynamos

    OpenAIRE

    Fauve, Stephan; Petrelis, Francois

    2007-01-01

    We consider magnetic fields generated by homogeneous isotropic and parity invariant turbulent flows. We show that simple scaling laws for dynamo threshold, magnetic energy and Ohmic dissipation can be obtained depending on the value of the magnetic Prandtl number.

  3. Forensic identification with Bayes’ law

    OpenAIRE

    Andrade, Marina; Ferreira, Manuel Alberto M.

    2011-01-01

    The probabilistic fundaments for the evaluation of DNA evidences, based mainly on Bayes’ Law, are presented emphasizing the famous island problem. Identification problems are considered,in particular the paternity dispute problem and the crime scene analysis.

  4. The laws. 4. enlarged ed.

    International Nuclear Information System (INIS)

    This issue no. 10 presents the terms and definitions valid in the field of civil defence, and the laws and regulations. There is the law relating to civil defence, of August 9, 1976, the official announcement, and the statement of legislative intent; further, the law relating to an extension of disaster services, together with the general administrative provisions concerning organisation, additional equipment, training of personnel, and financing of disaster services. The issue also presents the general administrative regulation for establishment, support, and management of civil defence, the law concerning construction and provision of shelters for the population, the general administrative regulation concerning local alarm systems and services (Warndienst-VwV) of March 31, 1981, and the act relating to the convention of May 14, 1954, for protection of cultural objects in the event of an armed conflict, (act of April 11, 1967), as well as the text of the convention itself and the protocol. (orig.)

  5. Game animals & hunting : Law enforcement

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — This is a summary of hunting activities, game mammal surveys, and law enforcement on Neal Smith National Wildlife Refuge between 1992 and 2009. For each year, a...

  6. Administrative Law and Organization Theory

    Science.gov (United States)

    Evan, William M.

    1977-01-01

    Considered are some trends in American administrative law, some trends in organization theory, a model of the administrative process, and several potentially useful research strategies. The analysis has implications for comparative research on legal systems. (Author/LBH)

  7. EPA's Environmental Laws and Regulations

    Data.gov (United States)

    U.S. Environmental Protection Agency — This web page provides access to search and read the environmental laws and regulations related to EPA's mission. Regulatory guidance documents and rulemaking...

  8. ROMAN LAW AND CONTEMPORARY LEGISLATION

    Directory of Open Access Journals (Sweden)

    Wolfgang Kahlig

    2013-01-01

    Full Text Available Simple rules and laws are necessary for the understanding of the meaning and of the content. This is a fundamental claim of all citizens. The instruments of legislation are deeply connected in many countries to the principles of the Roman law and to the ideas of the former centuries. Modern effective aspects, such as visualization, structuring and object-orientation are not focused. One method for handling complex projects is UML, the „Unified Modeling Language“. This tool has served for some years as an instrument in understanding the complex structures of the law, but could also be applied to the complete establishing, admini-stration and development of a new and modern building of law.

  9. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine...... rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU...

  10. Health Law as Social Justice.

    Science.gov (United States)

    Wiley, Lindsay F

    2014-01-01

    Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

  11. LABOUR CRIMINAL LAW EVOLUTION IN ROMANIA

    OpenAIRE

    Eugen Ioan DAN

    2010-01-01

    Labour Law is basically the labour contract’s law, and a specific work cannot be performed without respecting the safety norms. Labour Criminal Law is not recognized in every state by the scholars, further being established a border line between these two law fields (Germany, Japan). The European Union member states have shown reluctance towards inserting sanctions displaying punishment features in the Union laws. In various European countries, a new law discipline has emerged and developed i...

  12. Development and goals of competition law

    OpenAIRE

    Mateusz Blachucki

    2013-01-01

    The article presents the historical development of competition law discussing reasons for adopting particular national antimonopoly legislation. The following analysis of goals of competition law leads to the conclusion that there is no agreement what goals competition law should have. Furthermore some of identified goals of competition law are conflicting. Nonetheless the majority of national competition laws and the academics accept that competition law should aim at achieving the basic eco...

  13. Methodology of International Law1

    OpenAIRE

    Dominicé, Christian

    2014-01-01

    I. DEFINITION Methodology seeks to define the means of acquiring scientific knowledge. There is no generally accepted definition of the methodology of international law. In this article it will be taken to comprise both its wider meaning of the methods used in the acquisition of a scientific knowledge of the international legal system and its narrower and more specialized meaning, the methods used to determine the existence of norms or rules of international law. The correlation of these two ...

  14. Revision of the Adoption Law

    Institute of Scientific and Technical Information of China (English)

    1999-01-01

    DECEMBER 29, 1991, saw thePresident of the People’sRepublic of China promulgatea new adoption law by Order 54, a lawwhich was introduced to the seventhNational People’s Congress at thetwenty-third meeting of its StandingCommittee and which took effect fromApril 1, 1992. This was the first suchadoption law in China and, althoughadoption did occur prior to itsimplementation, it was not then boundby legal measures or guarantee.

  15. Fundamental Constants and Conservation Laws

    OpenAIRE

    Roh, Heui-Seol

    2001-01-01

    This work describes underlying features of the universe such as fundamental constants and cosmological parameters, conservation laws, baryon and lepton asymmetries, etc. in the context of local gauge theories for fundamental forces under the constraint of the flat universe. Conservation laws for fundamental forces are related to gauge theories for fundamental forces, their resulting fundamental constants are quantitatively analyzed, and their possible violations at different energy scales are...

  16. Nuclear laws and radiologic accidents

    International Nuclear Information System (INIS)

    Some aspects of the nuclear activities in Brazil, specially concerning the Goiania s accident are demonstrated using concepts from environmental and nuclear law. Nuclear and environmental competence, the impossibility of the states of making regional laws, as the lack of regulation about the nuclear waste, are discussed. The situation of Goiania when the accident happened, the present situation of the victims and the nuclear waste provisionally stored in Abadia de Goias is reported

  17. Power laws in software systems

    OpenAIRE

    Tonelli, Roberto

    2012-01-01

    The main topic of my PhD has been the study of power laws in software systems within the perspective of describing software quality. My PhD research contributes to a recent stream of studies in software engineering, where the investigation of power laws in software systems has become widely popular in recent years, since they appear on an incredible variety of different software quantities and properties, like, for example, software metrics, software faults, refactoring, Java byte-code,...

  18. Physics Laws of Social Science

    OpenAIRE

    Wayne, James J.

    2013-01-01

    Economics, and other fields of social science are often criticized as unscientific for their apparent failures to formulate universal laws governing human societies. Whether economics is truly a science is one of the oldest questions. This paper attempts to create such universal laws, and asserts that economics is a branch of quantum physics just like chemistry. Choice is a central concept in economics and other fields of social science, yet there is no corresponding concept of choice in mode...

  19. The law of electromagnetic induction

    Directory of Open Access Journals (Sweden)

    V.J. Kutkovetskyy

    2014-09-01

    Full Text Available Mathematical models of the electromagnetic induction law which do not take into account Faraday’s restrictions are not in full accordance with the physical phenomenon and so they are not laws. Their incomplete correspondence with real devices results in such "paradoxes" as unlimited magnetic field of unipolar generators, infinite sizes of inductors for DC and AC machines modeled, and so on.

  20. Criminal law in the Bible

    OpenAIRE

    Pikov, G.

    2010-01-01

    The Old Testament criminal law, especially its moralizing attitude to state and private violence, crime and punishment, can be ranked among the most important sources of Medieval and Modern jurisprudence. The article analyses basic cultural preconditions of the formation and evolution of Judeo-Christian legal theory, peculiarities of criminological thinking in Judaism and Christianity, causes and effects of the fundamental ties between religion and law in traditional societies, and possible c...

  1. Drought, Sustainability, and the Law

    OpenAIRE

    Robert W. Adler

    2010-01-01

    Researchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs designed to prevent or to mitigate drought impacts. Considerably less attention has been given to laws that may affect practices and policies that either increase or decrease drought vulnerability. Water law regimes, drought response and relief le...

  2. Principles of European Company Law

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2010-01-01

    The article focuses on how much we have in common in Europe within company law and its development, and on the principles which are the determining factors for the activities of European companies. The article shows that what we have in common greatly outweighs what divides us, and this is...... presented in the article as the provisional capstone of 400 years of joint European development of company law....

  3. Reconceiving Law and New Governance

    OpenAIRE

    Walker, Neil; DE BURCA, Grainne

    2007-01-01

    This essay re-examines the concepts of Law and New Governance with a view to pursuing three cumulative objectives. First, it emphasizes that both law and new governance are deeply contested concepts whose meaning and inter-relationship cannot just be assumed or taken for granted, as is the tendency in some empirical studies of their interconnection. Second, it suggests that both concepts be situated and understood within an explicitly normative framework, one that takes account...

  4. Conservation laws of helical flows

    OpenAIRE

    Kelbin, Olga

    2015-01-01

    Helically symmetric flows are present in many technical devices such as wind turbine, combustion chamber and marine propeller. The understanding of the nature of this type of flow can be useful to describe such phenomena like a vortex breakdown. The aim of this thesis is the analytical investigation of helically symmetric flows in terms of conservation laws. After finding the conservation laws one is able to use the obtained theoretical results in order to construct exact solut...

  5. The Relativistic Hyperbolic Parallelogram Law

    OpenAIRE

    Ungar, Abraham A.

    2006-01-01

    A gyrovector is a hyperbolic vector. Gyrovectors are equivalence classes of directed gyrosegments that add according to the gyroparallelogram law just as vectors are equivalence classes of directed segments that add ac- cording to the parallelogram law. In the “gyrolanguage” of this paper one attaches the prefix “gyro” to a classical term to mean the analogous term in hyperbolic geometry. The prefix stems from Thomas gyration, which is the mathematical abstraction of the relativistic effect k...

  6. Corporate Law and Corporate Governance

    OpenAIRE

    Roberta Romano

    1998-01-01

    We have seen a revival in interest in corporate law and corporate governance since the 1980s, as researchers applied the tools of the new institutional economics and modern corporate finance to analyze the new transactions emerging in the 1980s takeover wave. This article focuses on three mechanisms of corporate governance to illustrate the analytical usefulness of transaction cost economics for corporate law. They are the board of directors; relational investing, a form of block ownership in...

  7. Criminal law and mental illness

    OpenAIRE

    Stojanović Zoran

    2015-01-01

    The paper deals with the problem of criminal law reaction to behavior of mentally ill, insane offenders who violate or threaten the criminal law protected values. To the preliminary question of whether the criminal reaction is generally justified in regard to quasi-criminal acts of mentally ill persons (which are not criminal in the true sense because they lack mens rea which is a constituent element of each offense), the answer is still yes. There are no o...

  8. Criminal law and mental illness

    Directory of Open Access Journals (Sweden)

    Stojanović Zoran

    2015-01-01

    Full Text Available The paper deals with the problem of criminal law reaction to behavior of mentally ill, insane offenders who violate or threaten the criminal law protected values. To the preliminary question of whether the criminal reaction is generally justified in regard to quasi-criminal acts of mentally ill persons (which are not criminal in the true sense because they lack mens rea which is a constituent element of each offense, the answer is still yes. There are no other, more appropriate forms of social control, or other legal mechanisms that could more effectively than the criminal law, while respecting the safeguards that have become indispensable in criminal law, protect important goods of the individual or society from the harmful behavior of mentally ill persons. Although the entire criminal law is based on guilt and the subjective attitude of the offender towards the criminal offense for which he is exposed to the social-ethical reprimand, it is excluded in case of mentally ill, insane offenders and implementation of appropriate security measures. Capabilities of criminal law in performing a protective function relative to mentally ill offenders are certainly more modest than in case of perpetrators who can be held accountable. The entire general prevention (whether positive or negative underlying protective function of criminal law, is almost inconceivable in relation to potential offenders who are mentally ill. Available options are reduced to detention and psychiatric treatment of the mentally ill offender. The application of security measures to insane, mentally ill persons is limited, therefore, mainly to certain aspects of special prevention. Even exercising social control through criminal law differs, significantly, depending on whether we talk about incompetent, mentally ill persons or those who have normal mental abilities.

  9. Growth Equation with Conservation Law

    OpenAIRE

    Lauritsen, Kent Baekgaard

    1995-01-01

    A growth equation with a generalized conservation law characterized by an integral kernel is introduced. The equation contains the Kardar-Parisi-Zhang, Sun-Guo-Grant, and Molecular-Beam Epitaxy growth equations as special cases and allows for a unified investigation of growth equations. From a dynamic renormalization-group analysis critical exponents and universality classes are determined for growth models with a conservation law.

  10. Elementary derivation of Kepler's laws

    International Nuclear Information System (INIS)

    A simple derivation of all three so-called Kepler Laws is presented in which the orbits, bound and unbound, follow directly and immediately from conservation of energy and angular momentum. The intent is to make this crowning achievement of Newtonian Mechanics easily accessible to students in introductory physics courses. The method is also extended to simplify the derivation of the Rutherford Scattering Law. (author). 4 refs., 3 figs

  11. Gravitational Law in Extra Dimensions

    OpenAIRE

    Bühlmann, Michael

    2013-01-01

    Some recent theories which try to amend shortcomings of current models in physics suggest the existence of additional dimensions. Such extra dimensions would modify the inverse square law of gravity. A short overview over gravitational theory is presented and some of the extensions to general relativity and models which use extra dimensions, so-called Kaluza–Klein theories are discussed. A derivation of the correction to Newton’s gravitational law due to extra dimensions is performed and yiel...

  12. Random stress and Omori's law

    CERN Document Server

    Kagan, Yan Y

    2010-01-01

    We consider two statistical regularities that were used to explain Omori's law of the aftershock rate decay: the Levy and Inverse Gaussian (IGD) distributions. These distributions are thought to describe stress behavior influenced by various random factors: post-earthquake stress time history is described by a Brownian motion. Both distributions decay to zero for time intervals close to zero. But this feature contradicts the high immediate aftershock level according to Omori's law. We propose that these statistical distributions are influenced by the power-law stress distribution near the earthquake focal zone and we derive new distributions as a mixture of power-law stress with the exponent psi and Levy as well as IGD distributions. Such new distributions describe the resulting inter-earthquake time intervals and closely resemble Omori's law. The new Levy distribution has a pure power-law form with the exponent -(1+psi/2) and the mixed IGD has two exponents: the same as Levy for small time intervals and -(1+...

  13. Entropic Corrections to Coulomb's Law

    Science.gov (United States)

    Hendi, S. H.; Sheykhi, A.

    2012-04-01

    Two well-known quantum corrections to the area law have been introduced in the literatures, namely, logarithmic and power-law corrections. Logarithmic corrections, arises from loop quantum gravity due to thermal equilibrium fluctuations and quantum fluctuations, while, power-law correction appears in dealing with the entanglement of quantum fields in and out the horizon. Inspired by Verlinde's argument on the entropic force, and assuming the quantum corrected relation for the entropy, we propose the entropic origin for the Coulomb's law in this note. Also we investigate the Uehling potential as a radiative correction to Coulomb potential in 1-loop order and show that for some value of distance the entropic corrections of the Coulomb's law is compatible with the vacuum-polarization correction in QED. So, we derive modified Coulomb's law as well as the entropy corrected Poisson's equation which governing the evolution of the scalar potential ϕ. Our study further supports the unification of gravity and electromagnetic interactions based on the holographic principle.

  14. Law Across Nations: Governance, Policy & Statutes

    DEFF Research Database (Denmark)

    -in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire...

  15. Made Law - Given Law / Gemachtes Recht - gegebenes Recht

    Directory of Open Access Journals (Sweden)

    Lorenz Engi

    2007-08-01

    Full Text Available Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten .

  16. Beyond Reductionism Twice: No Laws Entail Biosphere Evolution, Formal Cause Laws Beyond Efficient Cause Laws

    OpenAIRE

    Kauffman, Stuart

    2013-01-01

    Newton set the stage for our view of how science should be done. We remain in what I will call the `Newtonian Paradigm' in all of physics, including Newton, Einstein, and Schrodinger. As I will show shortly, Newton invented and bequeathed to us `efficient cause entailing laws' for the entire becoming of the universe. With Laplace this became the foundation of contemporary reductionism in which all that can happen in the world is due to efficient cause entailing laws. More this framework stand...

  17. Law and Justice in Community: The Significance of the Living Law

    OpenAIRE

    Oran Doyle

    2011-01-01

    Law and Justice in Community provides an account of law that privileges the role of custom, which the authors characterise as the living law. In this paper, I argue that the authors' account of law observes the same features as those observed by Hart in his Concept of Law. However, Hart viewed all law through the lens of state law, with the result that he did not identify the purpose of law. Conversely, Barden and Murphy view all law through the lens of the living law, with the result that th...

  18. Hiding dependence-discovery of F-hiding laws and system laws

    Institute of Scientific and Technical Information of China (English)

    Zhou Houyong; Huang Shunliang; Shi Kaiquan

    2009-01-01

    Function one direction S-rough sets have dynamic characteristics and law characteristics. By using the function one direction S-rough sets, this article presents the concepts of the f-hiding law, F-hiding law, f-hiding law dependence and F-hiding law dependence. Based on the concepts above, this article proposes the hiding-dependence theorem of f-hiding laws, the hiding-dependence theorem of F-hiding laws, the hiding-dependence separation theorem, the hiding dependencs-discovery principle of unknown laws. Finally, the application of the hiding dependence of hiding laws in the discovery of system laws is given.

  19. Nuclear law and disorder

    International Nuclear Information System (INIS)

    One would like to say that world attention will be focussed on the 2005 Review Conference of the Nuclear Non-Proliferation Treaty (NPT), that governments will rush to implement the 13 Practical Steps to nuclear disarmament already agreed on, that the combined actions of the political and civil order will greatly reduce the present high level of danger of the use of nuclear weapons. Unfortunately, in the real world of political disorder that we live in, none of this is likely to occur. There is no doubt in my mind that the present crisis is the worst the NPT has experienced. The treaty is on the verge of collapse, and the proliferation of nuclear weapons, both among those who already have them and those who want them, is staring us in the face. It is truly shocking that the public knows so little about the nature of the danger and that governments, for the most part, are so desultory in their approach to the upholding of law. While NPT meetings have never been free of conflict, the battles of the past were frequently patched over by an application of goodwill and a minimum show of trust. Now the goodwill and trust are gone largely because the nuclear-weapons States (NWS) have tried to change the rules of the game. Adherence to that bargain enabled the indefinite extension of the treaty in 1995 and the achievement of an 'unequivocal undertaking' in 2000 toward elimination through a programme of 13 Practical Steps. Now the US is rejecting the commitments of 2000 and premising its aggressive diplomacy on the assertion that the problem of the NPT lies not in the NWS's own actions but in the lack of compliance by States such as North Korea and Iran. Brazil bluntly warned: 'The fulfillment of the 13 steps on nuclear disarmament agreed during the 2000 Review Conference have been significantly - one could even say systematically - challenged by action and omission, and various reservations and selective interpretation by Nuclear Weapon States.' The whole international

  20. Environmental law. 3. rev. and enl. ed.; Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Erbguth, Wilfried [Rostock Univ. (Germany); Schlacke, Sabine [Bremen Univ. (Germany)

    2010-07-01

    The topic environment law is a permanent component of the legal study and an emphasis examination within the first legal state examination. The text book under consideration about environment law deals with the general environment law and the special environment law. The chapter 'general environment law' considers the following aspects: Basic principles (environment, environmental protection); environment law; basic principles of the environment law; environmental constitutional law; instrument of the environment law; legal protection in the environment law; environmental European right; environmental international law. The chapter 'special environment law' considers the following aspects: Pollution protection law; nature conservation law and landscape conservation law; water protection law; cycle economy law and waste management law; soil conservation law and refuse dump law; genetic engineering law; climatic protection law.

  1. Improving Student Understanding of Coulomb's Law and Gauss's Law

    CERN Document Server

    Singh, Chandralekha

    2016-01-01

    We discuss the development and evaluation of five research-based tutorials on Coulomb's law, superposition, symmetry and Gauss's Law to help students in the calculus-based introductory physics courses learn these concepts. We discuss the performance of students on the pre-/post-tests given before and after the tutorials in three calculus-based introductory physics courses. We also discuss the performance of students who used the tutorials and those who did not use it on a multiple-choice test which employs concepts covered in the tutorials.

  2. A REALISTIC CRITICAL OUTLOOK ON LAW: SOCIOLOGY OF LAW

    OpenAIRE

    Türkbağ, Ahmet Ulvi

    2012-01-01

    Positive law or a legal system as a closed logical system has its own inner coherence and this characteristic is a very important element of a system. It is important because the logical structure of norms which lead concepts and conceptions, at least in theory, is the guarantee of objectiveness or impartiality (thus ‘rule of law') of a legal system. In the second part of the nineteenth century and the first decade of the twentieth century however, legal theory was dominated by a kind o...

  3. Three laws of energy transitions

    International Nuclear Information System (INIS)

    The paper formulates and explores a hypothesis on three general energy transition laws: the law of stable long-term energy costs to income ratio; the law of improving energy quality; and the law of growing energy productivity. These laws are essential for shaping long-term projections and checking for their consistency. All three are rooted in amazingly stable in time and universal across countries energy costs to income ratios. Limited energy purchasing power sets up thresholds, which, if exceeded, bring asymmetry to energy demand to price elasticity. The author believes, that the theoretical postulate on the substantial substitution among production factors, which is used in the production functions theory, may be incorrect. In reality, innovations mainly lead to the substitution of a low-quality production factor with the same yet of a better-quality. Improving energy quality with stable costs to income ratio is accompanied by growing energy productivity. Energy costs to income thresholds are indicators allowing for better projections of oil prices

  4. The epochs of international law

    CERN Document Server

    Grewe, Wilhelm G

    2000-01-01

    A theoretical overview and detailed analysis of the history of international law from the Middle Ages through to the end of the twentieth century (updated from the 1984 German language edition). Wilhelm Grewe's "Epochen der Völkerrechtsgeschichte" is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Oxford University makes this important book available to non-German readers for the first time. "The Epochs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm Grewe and Michael Byers, updates the book to 1998, making the revised translation of interest ...

  5. THE USE OF LAW INFORMATION SOURCES IN LEGAL RESEARCH BY NIGERIAN UNIVERSITIES LAW STUDENTS

    OpenAIRE

    Olorunfemi, Doreen Yemisi

    2015-01-01

    The paper investigated the law information sources used in legal research among undergraduate law students in Nigeria universities. Twelve faculty of law libraries were purposively selected from among the thirty four universities that offer law in the country. In all, 1534 law students were randomly selected from the total population of 7219 registered law students at the time of this study. A descriptive survey method was used to obtain open and close ended data from law students, 82% respon...

  6. On the integration of public law jurisprudence

    Institute of Scientific and Technical Information of China (English)

    YUAN Shuhong

    2006-01-01

    After two to three hundred years of development,modern public laws have become more and more important,mature and integrated especially since the 20th century.Traditionally,the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law,administrative law,criminal law,procedural law,international public law,etc.Nevertheless,with all-around emergence of public law,the traditional research method can no longer adapt to the development needs of the modern public law.Therefore,it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws,so as to do comprehensive,integrated and systematic researches on various sectional public laws.Based on the indepth argumentation about the necessity of developing unified public laws,this paper further puts forward that,to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it,the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria,common public law features and general public law rules and so on;form its theoretical basis on the line of the relations between public power and the citizen privilege;establish its category structure found on the concept of public power and the derivative core and basic categories;and build up the disciplinary system based on the systematic integrity of the public law research results.

  7. Space Law Conference 2004 Held in Beijing

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    pace Law Conference 2004 Iointly organized by International Institute of Space Law (IISL) and China Institute of Space Law (CISL) was held in Beijing, China on 26427 April 2004. The purpose of this conference is to increase knowledge and expertise relating to space law in China and the

  8. Teaching International Law: Concepts in International Relations

    Science.gov (United States)

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  9. State Constitutional Law: Teaching and Scholarship.

    Science.gov (United States)

    Williams, Robert F.

    1991-01-01

    State constitutional law is an emerging area for legal education, partly because of state supreme court decisions relying on state rather than federal constitutional law. Studying state constitutional law highlights similarities and diversity of legal and governmental systems. Interest in establishment of curricula and materials in state law is…

  10. Zeroth Law, Entropy, Equilibrium, and All That

    Science.gov (United States)

    Canagaratna, Sebastian G.

    2008-01-01

    The place of the zeroth law in the teaching of thermodynamics is examined in the context of the recent discussion by Gislason and Craig of some problems involving the establishment of thermal equilibrium. The concept of thermal equilibrium is introduced through the zeroth law. The relation between the zeroth law and the second law in the…

  11. Classical conservation laws for elliptic Liouville equation

    International Nuclear Information System (INIS)

    The productive cross sections of the conservation laws for the Liouville elliptic equation are determined. It is shown that nontrivial conservation law corresponds to each productive cross sections. It is also established that all classical conservation laws are produced by the Lagrangian symmetries. The explicit formulae, comparing each productive cross section with a certain conservation law, are presented

  12. 14 CFR 155.3 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 3 2010-01-01 2010-01-01 false Applicable law. 155.3 Section 155.3... RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL RESTRICTIONS § 155.3 Applicable law. (a... transfer to the requirements of applicable law. Based on the laws cited in this paragraph,...

  13. 22 CFR 231.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws...

  14. 32 CFR 842.66 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 842.66 Section 842.66 National... CLAIMS Foreign Claims (10 U.S.C. 2734) § 842.66 Applicable law. This paragraph provides guidance to determine the applicable law for assessment of liability. (a) A claim is settled under the law and...

  15. 7 CFR 1900.102 - Applicable law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency under Public Law 103-354 are authorized and executed pursuant to Federal programs adopted by Congress...

  16. Derivation of the Ideal Gas Law

    Science.gov (United States)

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

    Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

  17. Zipf Law for Brazilian Cities

    CERN Document Server

    Moura, N J; Jr., Newton J. Moura; Ribeiro, Marcelo B.

    2006-01-01

    This work studies the Zipf Law for cities in Brazil. Data from censuses of 1970, 1980, 1991 and 2000 were used to select a sample containing only cities with 30,000 inhabitants or more. The results show that the population distribution in Brazilian cities does follow a power law similar to the ones found in other countries. Estimates of the power law exponent were found to be 2.22 +/- 0.34 for the 1970 and 1980 censuses, and 2.26 +/- 0.11 for censuses of 1991 and 2000. More accurate results were obtained with the maximum likelihood estimator, showing an exponent equal to 2.41 for 1970 and 2.36 for the other three years.

  18. Drought, Sustainability, and the Law

    Directory of Open Access Journals (Sweden)

    Robert W. Adler

    2010-07-01

    Full Text Available Researchers and responsible officials have made considerable progress in recent years in efforts to anticipate, plan for, and respond to drought. Some of those efforts are beginning to shift from purely reactive, relief-oriented measures to programs designed to prevent or to mitigate drought impacts. Considerably less attention has been given to laws that may affect practices and policies that either increase or decrease drought vulnerability. Water law regimes, drought response and relief legislation, and laws governing broader but related issues of economic policy—especially agricultural policy—should be evaluated more comprehensively to enhance incentives for more ―water sustainable‖ practices in agriculture and other sectors of the economy. Those changes will be increasingly important if current climate change models are correct in their prediction that many parts of the world can expect more frequent and more severe conditions of meteorological drought in the ensuing decades.

  19. Power laws in Ising nanostripes

    International Nuclear Information System (INIS)

    The results of high accuracy density-matrix renormalization-group calculations for infinite Ising stripes of finite widths 100 ≤ L ≤ 400 are presented. It is shown that in the presence of the small external magnetic field the infinite system critical power laws can be observed for L of order hundreds nm. The single power law describes the field dependence of the magnetization or the longitudinal correlation length only on the infinite system critical isotherm independently of the value of L. The approximate power law which describes how the magnetization varies with a distance from the infinite system critical point for several directions in the plane (temperature, external field) is also studied. (author)

  20. European Law in the Making:

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    the legal service of the High Authority from early on promoted a ‘constitutional’ interpretation of European law, but where the member state, as well as most legal experts, still considered European law a subset of international law. How did the Court of Justice of the ECSC manoeuvre between these...... Gend en Loos and Costa V. ENEL. The jurisprudence of the Court of Justice of the ECSC was allegedly conservative dominated by technical and economic considerations less than adventurous activism. Recent historical research has demonstrated the complexity of the legal landscape of the 1950s, in which...... contradictory tendencies? In what direction did the jurisprudence of the Court develop until 1958? How did the Court function internally? These questions will be addressed on basis of hitherto unused archival documentation that cast new light on the inner development of a Court of Justice of the ECSC and thus...

  1. Two Concepts of Law of Nature

    OpenAIRE

    Shea, Brendan

    2013-01-01

    I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I claim satisfy four criteria: (1) If it...

  2. Positive Positive Law: a Dworkinian Move in Dutch Environmental Law

    NARCIS (Netherlands)

    H. Borgers; J. van der Heijden

    2012-01-01

    This paper starts with the practice of spatial development, and with legal practice, to come up with three reasons why a new environmental act is necessary. The Dutch legislature is working on that these years and in its commission we’ve been looking for change within environmental law. Our first st

  3. Law of parity conservation and other symmetry laws of physics

    International Nuclear Information System (INIS)

    The general role of symmetry laws in physics is discussed and the development that led to the disproof of parity conservation is reviewed. The possibility that other invariance principles, e.g., time-reversal invariance, may be violated is suggested

  4. Newton's Laws, Euler's Laws and the Speed of Light

    Science.gov (United States)

    Whitaker, Stephen

    2009-01-01

    Chemical engineering students begin their studies of mechanics in a department of physics where they are introduced to the mechanics of Newton. The approach presented by physicists differs in both perspective and substance from that encountered in chemical engineering courses where Euler's laws provide the foundation for studies of fluid and solid…

  5. The character of physical law: seeking new laws

    CERN Multimedia

    BBC TV Science & Features

    1965-01-01

    In this series of Messenger Lectures given at Cornell University, Nobel Prize winning theoretical physicist Richard Feynman explores physical principles and the study of physics. In this talk Dr. Feynman considers our knowledge of the p hysical world and looks at the art of guessing as a useful method for discovering new physical laws.

  6. Thermodynamic laws in isolated systems.

    Science.gov (United States)

    Hilbert, Stefan; Hänggi, Peter; Dunkel, Jörn

    2014-12-01

    The recent experimental realization of exotic matter states in isolated quantum systems and the ensuing controversy about the existence of negative absolute temperatures demand a careful analysis of the conceptual foundations underlying microcanonical thermostatistics. Here we provide a detailed comparison of the most commonly considered microcanonical entropy definitions, focusing specifically on whether they satisfy or violate the zeroth, first, and second laws of thermodynamics. Our analysis shows that, for a broad class of systems that includes all standard classical Hamiltonian systems, only the Gibbs volume entropy fulfills all three laws simultaneously. To avoid ambiguities, the discussion is restricted to exact results and analytically tractable examples. PMID:25615053

  7. Family Law in Islam - Introduction

    OpenAIRE

    Dupret, Baudouin; Voorhoeve, Maaike

    2012-01-01

    In this introduction, three issues are addressed. First, emphasis is placed on the necessity of addressing the law and its practice in the Middle East and North Africa in a descriptive, non-interpretive way. Second, clarification is sought in the meaning and uses of several frequently-used words and concepts in this field of inquiry. And third, a suggestion is made to draw a distinction, within this domain, between the study of the discourse on the law and the study of the discourse of the la...

  8. Computing Dynamic Output Feedback Laws

    OpenAIRE

    Verschelde, Jan; Wang, Yusong

    2003-01-01

    The pole placement problem asks to find laws to feed the output of a plant governed by a linear system of differential equations back to the input of the plant so that the resulting closed-loop system has a desired set of eigenvalues. Converting this problem into a question of enumerative geometry, efficient numerical homotopy algorithms to solve this problem for general Multi-Input-Multi-Output (MIMO) systems have been proposed recently. While dynamic feedback laws offer a wider range of use...

  9. Climate protection laws in Taiwan

    International Nuclear Information System (INIS)

    The contribution on climate protection laws in Taiwan is first describing the international position and cooperation with UNFCCC, The national climate protection policy covers energy and industry, trading and economy, forestry and agriculture, traffic and local affairs, society and education. The description of the actual legislation includes the constitutional framework, environmental legislation, air pollution legislation, environmental compatibility regulations, renewable energy development legislation, energy management laws, legal drafts concerning reduction of greenhouse gas emission and energy taxes. Finally the competences and responsibilities of authorities are summarized.

  10. In search of fundamental laws

    CERN Document Server

    Pleitez, V

    1999-01-01

    One of the main activities in science teaching, and in particular in Physics teaching, is not only the discussion of both modern problems and problems which solution is an urgent matter. It means that the picture of an active and alive science should be transmitted to the students, mainly to the College students. A central point in this matter is the issue which characterizes the Fundamental Laws of Nature. In this work we emphasize that this sort of laws may exist in areas which are different from those usually considered. In this type of discussion it is neither possible nor desirable to avoid the historical perspective of the scientific development.

  11. Marketing the Rule of Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    Looking back at the last three decades of reform and opening up in China, many components of this process can now be examined in an attempt to ascertain what part they have played in the country’s political,social and economic growth.Rule of law and a harmonious society are some of the issues at stake.Professor Jiang Ping,former President of China University of Political Science and Law,discusses these and other areas of reform in an interview with China Economic Weekly.

  12. Gibrat's Law for Cities Revisited

    OpenAIRE

    González-Val, Rafael; Lanaspa, Luis; Sanz, Fernando

    2010-01-01

    The aim of this work is to test empirically the validity of Gibrat's Law in the growth of cities, using data for all the twentieth century of the complete distribution of cities (without any size restrictions) in three countries: the US, Spain and Italy. For this we use different techniques (parametric and non-parametric methods), obtaining mixed evidence. Our results confirm that Gibrat's law for means holds only as a long-run average. In the short term, considered decade by decade, we find ...

  13. Fresh Look at Gray Law

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    On December 7,Beijing Review interviewed Cao Bingliang,an official with the CNCA,on potential changes to the Elderly Law adopted in 1996 and the challenges of protecting China’s elderly. Beijing Review:Why is an Elderly Law necessary? Cao Bingliang:In gener- al,the elderly are a vulnerable group.China used to be a patri- archal society.Households were managed by the older generation.The eldest was the most powerful in a household. Rapid social economic devel- opment in the country has

  14. Person: The Reason Of Law

    Directory of Open Access Journals (Sweden)

    Jaime Baquero de la Calle

    2012-12-01

    Full Text Available All law is intended to achieve the common good. Within this institutional framework, justice is the supreme value that seeks to ensure the competent authority. When is it possible to say that it is acting according to justice? Finding an answer requires going back to the fundamental principles that have given rise to any legal formulation. And behind these principles is the person ordering the final recipient. The written policy is not based (at least should not be in random or political ideas of government. Faced with the imminent presence of a Constituent Assembly, it is imperative to return to the ultimate foundations of all rule of law.

  15. Power Law in Firms Bankruptcy

    CERN Document Server

    Hong, B H; Lee, J W; Hong, Byoung Hee; Lee, Kyoung Eun; Lee, Jae Woo

    2007-01-01

    We consider the scaling behaviors for fluctuations of the number of Korean firms bankrupted in the period from August 1 2002 to October 28 2003. We observe a power law for the distribution of the number of the bankrupted firms. The Pareto exponent is close to unity. We also consider the daily increments of the number of firms bankrupted. The probability distribution of the daily increments for the firms bankrupted follows the Gaussian distribution in central part and has a fat tail. The tail parts of the probability distribution of the daily increments for the firms bankrupted follow a power law.

  16. Zipf law in firms bankruptcy

    Science.gov (United States)

    Fujiwara, Yoshi

    2004-06-01

    Using an exhaustive list of Japanese bankruptcy in 1997, we discover a Zipf law for the distribution of total liabilities of bankrupted firms in high debt range. The life-time of these bankrupted firms has exponential distribution in correlation with entry rate of new firms. We also show that the debt and size are highly correlated, so the Zipf law holds consistently with that for size distribution. In an attempt to understand “physics” of bankruptcy, we show that a model of debtor-creditor dynamics of firms and a bank, recently proposed by economists, can reproduce these phenomenological findings.

  17. Power law in firms bankruptcy

    Science.gov (United States)

    Hong, Byoung Hee; Lee, Kyoung Eun; Lee, Jae Woo

    2007-01-01

    We consider the scaling behaviors for fluctuations of the number of Korean firms bankrupted in the period from 1 August 2002 to 28 October 2003. We observe a power law for the distribution of the number of the bankrupted firms. The Pareto exponent is close to unity. We also consider the daily increments of the number of firms bankrupted. The probability distribution of the daily increments for the firms bankrupted follows the Gaussian distribution in central part and has a fat tail. The tail parts of the probability distribution of the daily increments for the firms bankrupted follow a power law.

  18. The ethics of international animal law

    OpenAIRE

    Kivinen, Tero

    2014-01-01

    This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...

  19. Pecularities of Afghanistan’s criminal law

    OpenAIRE

    Omirzhanov Yesbol; Seraj Qutbul Arefin

    2015-01-01

    This article addresses the peculiarities of Afghanistan’s criminal law. It includes brief information about criminal law of Afghanistan, afghan penal code, the role of Shari’a and its relationship with the criminal law of Afghanistan. Also, this article discusses the core components of the afghan criminal law: the elements of a crime, criminal liability, punishment, and crimes proscribed under Afghan law. Some recommendations are focused in the article to remove the weak points and problems o...

  20. Tempered stable laws as random walk limits

    OpenAIRE

    Chakrabarty, Arijit; Meerschaert, Mark M.

    2010-01-01

    Stable laws can be tempered by modifying the L\\'evy measure to cool the probability of large jumps. Tempered stable laws retain their signature power law behavior at infinity, and infinite divisibility. This paper develops random walk models that converge to a tempered stable law under a triangular array scheme. Since tempered stable laws and processes are useful in statistical physics, these random walk models can provide a basic physical model for the underlying physical phenomena.

  1. Environmental Laws and Sustainability: An Introduction

    OpenAIRE

    2011-01-01

    In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law...

  2. Ethics and the law: the law and assisted human conception.

    Science.gov (United States)

    Brahams, D

    1990-07-01

    This article aims to provide no more than a brief summary and overview of some of the principal legal questions which arise in connection with assisted human conception. There is no requirement of legal suitability for natural parenthood, though a child may be removed from parental care at birth if its welfare is considered to be at risk. Where medical or other assistance is required, however, the law and social judgments may impinge on the freedom of individuals to procreate. Commercial surrogacy has recently been criminalized, but private surrogacy arrangements without reward are not illegal--although any contract would probably be unenforceable through the courts. If medical intervention is required to achieve assisted conception, the availability of resources for NHS treatment, the physical and mental health of the prospective mother and father, and the welfare (or lack of it) of any prospective child, may be factors in deciding whether an infertility unit will offer treatment. Such practices must not operate unfairly and must not discriminate on racial grounds. If treatment is provided, and a woman becomes pregnant, the ordinary abortion laws will apply and, it is thought, will extend to the selective reduction of a multiple pregnancy--there is no claim in English law for 'wrongful birth'. AID does not constitute adultery, and the law has recently been reformed to recognize children born following AID as legitimate to their social parents. A child may be regarded as the legitimate child of a surrogate mother's marriage, but where the baby is genetically distinct from the surrogate mother, the law, and is uncertain and as yet could be conflicting claims of parenthood without legislation. The storage and disposal of human gametes and embryos may raise problems of 'ownership'. PMID:2207612

  3. A Law of Physics in the Classroom: The Case of Ohm's Law

    Science.gov (United States)

    Kipnis, Nahum

    2009-01-01

    Difficulties in learning Ohm's Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm's Law and its practical applications. This suggestion comes from an analysis of the history of the law's discovery and its teaching. The historical materials this…

  4. Legal certainty and Commercial Law: a comparative perspective (common law x civil law

    Directory of Open Access Journals (Sweden)

    Fábio Ulhoa Coelho

    2015-06-01

    Full Text Available The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideology changes. As “ideology matters”, if a country wants to provide more legal certainty, it has to develop actions aiming at changing the ideology. The conclusion suggests the thesis that ideology would be the most important aspect in the matter of legal certainty also in common law jurisdictions.

  5. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

    International Nuclear Information System (INIS)

    The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.)

  6. Family Law: Notes from China.

    Science.gov (United States)

    Bell, Cynthia J.

    1983-01-01

    Describes the newly emerging legal system of the People's Republic of China, particularly the 1980 marriage law and its effects on marriage customs and divorce. In China, many roles perceived as social work roles are blended with the role of attorney. (JAC)

  7. General Laws and Centripetal Science

    NARCIS (Netherlands)

    Jagers Op Akkerhuis, G.A.J.M.

    2014-01-01

    The large number of discoveries in the last few decades has caused a scientific crisis that is characterised by overspecialisation and compartmentalisation. To deal with this crisis, scientists look for integrating approaches, such as general laws and unifying theories. Representing what can be cons

  8. Newton's Law of Cooling Revisited

    Science.gov (United States)

    Vollmer, M.

    2009-01-01

    The cooling of objects is often described by a law, attributed to Newton, which states that the temperature difference of a cooling body with respect to the surroundings decreases exponentially with time. Such behaviour has been observed for many laboratory experiments, which led to a wide acceptance of this approach. However, the heat transfer…

  9. Scaling Laws of Polyelectrolyte Adsorption

    OpenAIRE

    Borukhov, I.; Andelman, D.; Orland, H.

    1997-01-01

    Adsorption of charged polymers (polyelectrolytes) from a semi-dilute solution to a charged surface is investigated theoretically. We obtain simple scaling laws for (i) the amount of polymer adsorbed to the surface, Gamma, and (ii) the width of the adsorbed layer D, as function of the fractional charge per monomer p and the salt concentration c_b. For strongly charged polyelectrolytes (p

  10. The Subject Before the Law

    DEFF Research Database (Denmark)

    Simonsen, Karen-Margrethe

    2013-01-01

    This article presents a critical discussion of the importance and use of narration within the law. It takes its point of departure in Robert Musil's "The Man Without Qualities", especially focusing on the Moosbrugger case, the resemblance between the criminal Moosbrugger and the intellectual hero...

  11. The Law of Information Inconservation.

    Science.gov (United States)

    Yang, Qi Quan

    1990-01-01

    Compares the notion of the conservation or inconservation of information with the laws of conservation of matter and energy. The theory of entropy in physics and its significance in information theory is discussed, and the essential nature of information is considered. (LRW)

  12. Researching Islamic Law: an introduction

    OpenAIRE

    Spells, Sarah

    2009-01-01

    This article by Sarah Spells from the School of Oriental and African Studies, University of London, focuses on the sources of Islamic law and provides a simple introduction to finding and researching this area, with suggestions of useful and notable resources.

  13. Dyslexia Laws in the USA

    Science.gov (United States)

    Youman, Martha; Mather, Nancy

    2013-01-01

    Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and…

  14. A Venture in Constitutional Law.

    Science.gov (United States)

    Cole, W. Graham; Dillon, Dorothy H.

    1980-01-01

    Senior high girls and boys from two single-sex schools undertook a study of a Supreme Court case that provided insight not only into constitutional law and history but also into how men and women can work together and relate in other ways than dating. (DS)

  15. Fundamental Symmetries and Conservation Laws

    International Nuclear Information System (INIS)

    I discuss recent progress in low-energy tests of symmetries and conservation laws, including parity nonconservation in atoms and nuclei, electric dipole moment tests of time-reversal invariance, β-decay correlation studies, and decays violating separate (family) and total lepton number.

  16. Personal Law and Consumer Problems

    Science.gov (United States)

    Graf, David

    1972-01-01

    There is little doubt at Minnetonka High School that the integrated personal law and consumer problems course is effective. The areas studied promote variety, concentration on vital matters, and student interest in the business department as a source of general education. (Author)

  17. Complicity in International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2014-01-01

    Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage in...

  18. Transgender Discrimination and the Law

    Science.gov (United States)

    Trotter, Richard

    2010-01-01

    An emerging area of law is developing regarding sex/gender identity discrimination, also referred to as transgender discrimination, as distinguished from discrimination based on sexual orientation. A transgendered individual is defined as "a person who has a gender-identity disorder which is a persistent discomfort about one?s assigned sex or…

  19. Teaching Freedom of Information Law.

    Science.gov (United States)

    Toran, Janice

    1990-01-01

    It is proposed that a course on the Freedom of Information Act of 1966 is shaped largely by one question: how does the rhetoric behind the law match the reality of its operation? Issues such a course can address are identified, and possible course formats and teaching materials are discussed. (MSE)

  20. Private Law: rights, duties & conflicts

    DEFF Research Database (Denmark)

    and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This...

  1. The atomic energy basic law

    International Nuclear Information System (INIS)

    The law establishes clearly the principles that Japan makes R and D, and utilizations of atomic energy only for the peaceful purposes. All the other laws and regulations concerning atomic energy are based on the law. The first chapter lays down the above mentioned objective of the law, and gives definitions of basic concepts and terms, such as atomic energy, nuclear fuel material, nuclear source material, nuclear reactor and radiation. The second chapter provides for the establishment of Atomic Energy Commission which conducts plannings and investigations, and also makes decisions concerning R and D, and utilizations of atomic energy. The third chapter stipulates for establishment of two government organizations which perform R and D of atomic energy developments including experiments and demonstrations of new types of reactors, namely, Atomic Energy Research Institute and Power Reactor and Nuclear Fuel Development Corporation. Chapters from 4th through 8th provide for the regulations on development and acquisition of the minerals containing nuclear source materials, controls on nuclear fuel materials and nuclear reactors, administrations of the patents and inventions concerning atomic energy, and also prevention of injuries due to radiations. The last 9th chapter requires the government and its appointee to compensate the interested third party for damages in relation to the exploitation of nuclear source materials. (Matsushima, A.)

  2. Cryonic Suspension and the Law.

    Science.gov (United States)

    Smith, George P.; Hall, Clare

    1987-01-01

    Analyzes three central problems which adversely affect use, development, and perfection of cryonic suspension of individuals: the extent to which a physician may be guilty of malpractice in assisting with a suspension; the need for a recognition of suspension; and the present effect of the law's anachronistic treatment of estate devolution upon a…

  3. Predictive implications of Gompertz's law

    CERN Document Server

    Richmond, Peter

    2015-01-01

    Gompertz's law tells us that for humans above the age of 35 the death rate increases exponentially with a doubling time of about 10 years. Here, we show that the same law continues to hold even for ages over 100. Beyond 106 there is so far no statistical evidence available because the number of survivors is too small even in the largest nations. However assuming that Gompertz's law continues to hold beyond 106, we conclude that the mortality rate becomes equal to 1 at age 120 (meaning that there are 1,000 deaths in a population of one thousand). In other words, the upper bound of human life is near 120. The existence of this fixed-point has interesting implications. It allows us to predict the form of the relationship between death rates at age 35 and the doubling time of Gompertz's law. In order to test this prediction, we first carry out a transversal analysis for a sample of countries comprising both industrialized and developing nations. As further confirmation, we also develop a longitudinal analysis usi...

  4. Predictive implications of Gompertz's law

    Science.gov (United States)

    Richmond, Peter; Roehner, Bertrand M.

    2016-04-01

    Gompertz's law tells us that for humans above the age of 35 the death rate increases exponentially with a doubling time of about 10 years. Here, we show that the same law continues to hold up to age 106. At that age the death rate is about 50%. Beyond 106 there is so far no convincing statistical evidence available because the number of survivors are too small even in large nations. However, assuming that Gompertz's law continues to hold beyond 106, we conclude that the mortality rate becomes equal to 1 at age 120 (meaning that there are 1000 deaths in a population of one thousand). In other words, the upper bound of human life is near 120. The existence of this fixed-point has interesting implications. It allows us to predict the form of the relationship between death rates at age 35 and the doubling time of Gompertz's law. In order to test this prediction, we first carry out a transversal analysis for a sample of countries comprising both industrialized and developing nations. As further confirmation, we also develop a longitudinal analysis using historical data over a time period of almost two centuries. Another prediction arising from this fixed-point model, is that, above a given population threshold, the lifespan of the oldest persons is independent of the size of their national community. This prediction is also supported by empirical evidence.

  5. European Energy Law. Report IX

    International Nuclear Information System (INIS)

    The European Energy Law Report IX presents an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 24th European Energy Law Seminar in 2011. Part one presents an analysis of EU case law on the second energy package as well as a judicial interpretation of the legal limits on government intervention in energy pricing in liberalized markets. Part two focuses on transparency and design challenges in the energy and carbon markets. It examines the new EU Regulation on Wholesale Energy Market Integrity and Transparency (REMIT) and the impact it has on the upstream gas market. Thereafter it discusses the options for including end-users in carbon emissions trading schemes. The third part concentrates on energy infrastructure development in the EU. First, it discusses obstacles to infrastructure development and the European Commission's proposal to overcome them. Then, it considers potential legal difficulties and solutions with the construction of offshore electricity grids. The final part deals with energy security. One chapter reviews the global expansion of unconventional gas exploitation, and identifies the challenges for further growth of this sector. The final chapter examines both the proposal by Russia for a new energy convention on supply security, and how it relates to the Energy Charter Treaty.

  6. Trade Mark Law: Linguistic Issues.

    Science.gov (United States)

    Davis, Daniel R.; Eeles, Judith A.

    1996-01-01

    Examines the means by which trade mark law establishes determinacy of form. The article probes how this points to assumptions about the nature of language that radically differ with those of orthodox 20th century linguistics, particularly in connection with the distinction between language and the use of language. (nine references) (CK)

  7. [Forensic psychiatry and Islamic law].

    Science.gov (United States)

    Geferakos, G; Lykouras, L; Douzenis, A

    2014-01-01

    Islam is the second most popular monotheistic religion in the world. Its followers, the Muslims, are about 1.2 billion people and are the majority in 56 countries around the globe. Islam is an holistic way and model of life and its rules, according to a large proportion of Muslims, should have more power than the laws deriving from any secular authority. This means that the divine laws, as depicted from Islam's holy scripts, should be the laws of the land. In the strict Islamic states, as Saudi Arabia, the Islamic law or the Shari'ah prevails. Shari'ah means the path, the road each faithful Muslim should follow according to the rules of God. The Islamic views on mental health have some interesting characteristics: on the one hand, the moral necessity for the protection and care of the vulnerable individuals is very strong, but on the other hand superstitions and stigmatization influence the peoples' attitude against mental health patients. At the beginning of its historical course, Islamic world was a pioneer concerning mental health care. Unfortunately, as time passed by, we have observed considerable regression. In our days mental health services provided in most of the Islamic states cannot be considered adequate according to modern Western standards. The same course characterizes the Forensic Psychiatric services and the relevant legislation in the Islamic world. PMID:25630549

  8. Legal certainty and Commercial Law: a comparative perspective (common law x civil law)

    OpenAIRE

    Fábio Ulhoa Coelho

    2015-01-01

    The purpose of this article is to discuss the issue of legal certainty. It reviews the legal certainty in the ambit of Brazilian Law, a civil law jurisdiction. The concept of legal certainty is delimited and its importance for economy and commercial relations is discussed. The most important aspect of legal certainty is “ideology”. The judicial legitimacy of the same-sex family union in Brazil is a highly notable case in which we can see that a norm is interpreted differently when the ideolog...

  9. Laws of reflection and Snell's law revisited by video modeling

    Science.gov (United States)

    Rodrigues, M.; Simeão Carvalho, P.

    2014-07-01

    Video modelling is being used, nowadays, as a tool for teaching and learning several topics in Physics. Most of these topics are related to kinematics. In this work we show how video modelling can be used for demonstrations and experimental teaching in optics, namely the laws of reflection and the well-known Snell's Law of light. Videos were recorded with a photo camera at 30 frames/s, and analysed with the open source software Tracker. Data collected from several frames was treated with the Data Tool module, and graphs were built to obtain relations between incident, reflected and refraction angles, as well as to determine the refractive index of Perspex. These videos can be freely distributed in the web and explored with students within the classroom, or as a homework assignment to improve student's understanding on specific contents. They present a large didactic potential for teaching basic optics in high school with an interactive methodology.

  10. Optimal Copyright Protection: Civil Law vs. Criminal Law

    OpenAIRE

    ARAI Yasuhiro

    2007-01-01

    We consider optimal copyright protection strategies from the government and producer perspectives. Our model assumes that the government sets the penalty for infringement, and that the producer is responsible for monitoring illegal activity. We find that depending on the production cost of the goods, the government should set copyright penalties either to zero or to a level that makes the producer's profit zero. We also show that the social surplus is greater under a civil law scheme than a c...

  11. Cybercrime and the Law: An Islamic View

    OpenAIRE

    Mansoor Al-A'ali

    2007-01-01

    E-crime today presents one of the major challenges to law enforcement. Information technology is facing waves of laws guarding the interest of people using the Web technology. These laws were derived from the common laws and legislations applied in general crimes. With over one billion Muslims in this world, several calls were raised in the Islamic countries to establish a law suitable to handle computer crimes which matches the Islamic Shar'iah law. In this research, we have analyzed the 'Ad...

  12. Environmental law. 6. rev. and enlarged ed.

    International Nuclear Information System (INIS)

    This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.)

  13. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

    OpenAIRE

    Yeni Salma Barlinti

    2011-01-01

    This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into f...

  14. FEATURES OF THE UNWRITTEN SOURCES OF EUROPEAN UNION LAW

    OpenAIRE

    2013-01-01

    There are three sources of European Union law: primary law, secondary law and supplementary law. Besides the case law of the Court of Justice, supplementary law includes international law and the general principles of law. It has enabled the Court to bridge the gaps left by primary and/or secondary law. International law is a source of inspiration for the Court of Justice when developing its case law. The Court cites written law, custom and usage. General principles of law are unwritten sourc...

  15. Nuclear law and radiological accidents

    International Nuclear Information System (INIS)

    Nuclear activities in Brazil, and particularly the radiological accident of Goiania, are examined in the light of the environmental and nuclear laws of Brazil and the issue of responsibility. The absence of legislation covering radioactive wastes as well as the restrictions on Brazilian States to issue regulations covering nuclear activities are reviewed. The radiological accident and its consequences, including the protection and compensation of the victims, the responsibility of the shareholders of the Instituto Goiano de Radioterapia, operator of the radioactive source, the provisional storage and the final disposal at Abadia de Goias of the radioactive waste generated by the accident are reviewed. Finally, nuclear responsibility, the inapplicability of the Law 6453/77 which deals with nuclear damages, and the state liability regime are analysed in accordance with the principles of the Brazilian Federal Constitution. (author)

  16. Arranged marriages annulled by law.

    Science.gov (United States)

    Zhu, H

    1996-06-01

    The arranged marriages of 210 young people in Yongle Town in Zunyi County of Guizhou Province were dissolved in 1995. The proportion of child betrothals, which generally happens among close relatives, is as high as 85% in the town. Some engagements, known as fetus betrothals or belt betrothals, are arranged before the children are born or while they are still infants strapped (belted) to their mothers. Dissemination of information from the Constitution, the Marriage Law, and the Regulations on the Registration of Marriage concerning marriage, healthier births, and good upbringing of children, and other information on reproductive health, has shown young people that they have the freedom to love and marry of their own free will, that their marriage is protected by law, and that consanguineous marriage is harmful to the health of future generations. Some convinced their parents that their arranged marriages should be annulled. PMID:12291696

  17. Treatment of surrogacyin Comparative Law.

    Directory of Open Access Journals (Sweden)

    Ángela Ruiz SÁENZ

    2016-01-01

    Full Text Available The progress in the life sciences and medicine driven by modern advances and discoveries of science and technology has led to the development of assisted reproductive technology as a solution to the problem of infertility, replacing adoption as a traditional alternative to biological parenthood. In this context, deserves special mention surrogacy by the disputes generated from a social standpoint, ethical, legal and biomedical. The disparate regulation of this practice into national law has led to the “reproductive tourism”, that is, the transfer of couples from countries where the practice of surrogacy is illegal in other countries where the practice is legal, leading private international law issues relating to the recognition of the parentage of children born through the use of these techniques.

  18. Property law: a cognitive turn.

    Science.gov (United States)

    Blumenthal, Jeremy A

    2010-04-01

    Despite more than a century of research by psychologists on issues relating to the law, most such research has focused on a small subset of topics relevant to the legal system. Here, I review several legal topics amenable to psychological research that fall under the broad umbrella of property law: (1) how the concepts of property and ownership are represented cognitively; (2) the relationship between wealth and happiness, consumer behavior, and the priming effect of money concepts; (3) animal and child development in cognition about and behavior toward property and ownership; and (4) the relevance of psychological research on home to legal policy. These and other areas provide potential research agendas for cognitive and social cognitive psychologists. After noting the importance of such research for legal doctrine, theory, and policy, I close with suggestions for effectively communicating empirical findings to the legal community. PMID:20382918

  19. Law of Conservation of Muons

    Science.gov (United States)

    Feinberg, G.; Weinberg, S.

    1961-02-01

    A multiplicative selection rule for mu meson-electron transitions is proposed. A "muon parity" = -1 is considered for the muon and its neutrino, while the "muon parity" for all other particles is +1. The selection rule then states that (-1) exp(no. of initial (-1) parity particles) = (-1) exp(no. of final (-1) parity particles). Several reactions that are forbidden by an additive law but allowed by the multiplicative law are suggested; these reactions include mu{sup +} .> e{sup +} + nu{sub mu} + {ovr nu}{sub e}, e{sup -} + e{sup -} .> mu{sup -} + mu{sup -}, and muonium .> antimuonium (mu{sup +} + e{sup -} .> mu{sup -} + e{sup +}). An intermediate-boson hypothesis is suggested. (T.F.H.)

  20. 15 CFR 970.207 - Antitrust information.

    Science.gov (United States)

    2010-01-01

    ... ENVIRONMENTAL DATA SERVICE DEEP SEABED MINING REGULATIONS FOR EXPLORATION LICENSES Applications Contents § 970... license, provided that said agreement relates to deep seabed hard mineral resource exploration or mining... purchase or sale in or to, the United States of copper, nickel, cobalt or manganese minerals or any...